2021 (4) TMI 9

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....e at 138/5, Sarsuna Main Road, Kolkata, West Bengal (hereinafter referred to as the Operational Creditor) under section 9 of the Insolvency and Bankruptcy Code, 2016, seeking Corporate Insolvency Resolution Process in respect of West Bengal Precision Engineering Solutions Private Limited, a corporate entity having its CIN No. U72200WB2006PTC111278 and having its registered office at 1B, Pal Street, Kolkata (hereinafter referred to as the Corporate Debtor) 3. It is submitted in the petition that from November, 2016 to January, 2017, the Corporate Debtor had placed various orders on the Operational Creditor for supplying electrical goods and/or panels of diverse nature and quantity against purchase orders collectively marked as 'Annexure-C' ....

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.... the name of Mr. Kamal Prakash Singh, (calling to act as Interim Resolution Professional), who has in his letter dated 19th December, 2019 to this Adjudicating Authority submitted that he agrees to accept appointment as the IRP, if an order of admission is passed in the present application and that he is qualified IRP etc. 6. The Operational Creditor has also filed an affidavit under section 9(3)(b), that there is no notice given by the Corporate Debtor relating to dispute of the unpaid operational debt. From the Bank Statement filed by the Operational Creditor, it is clear that no payment has been received from the Corporate Debtor pursuant to the notice. 7. The Corporate Debtor was duly served, put in appearance through Mr Sayantak Das,....

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....ion of pending suits or proceedings against the Corporate Debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; b) Transferring, encumbering, alienating or disposing of by the Corporate Debtor any of its assets or any legal right or beneficial interest therein; c) Any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); d) The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor....