TaxTMI 
TaxTMI 
2021 (5) TMI 391
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....to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') by Arihant Techno Pack Private Limited through its account manager, Mr Girish Kumar who has been duly authorizedvide board resolution dated 22.10.2018 (for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency process against Pritish Greens Agro Private Limited (for brevity 'Corporate Debtor'). 2. The Applicant is a private limited company incorporated under the provisions of Companies Act, 1956 on 09.03.2009, having CIN U74900DL2009PTC188317, inter-alia, involved in the business of manufacturing and trading of packaging materials. The applicant is having its registered office at DSM-216, Second Floor, DLF Tower,15, Shivaji Marg, Najafgarh Road, New Delhi-....
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....ation to Adjudicating Authority) Rules, 2016 calling upon the corporate debtor to pay the total outstanding amount of Rs. 7,82,142/-. The said notice was sent by Speed Post at the registered address of the corporate debtor as reflected in the master data, which is duly delivered to the Corporate Debtor. The tracking report is filed, which mentions 'Item Delivered' at the registered address as per master data.The Corporate Debtor has neither raised any dispute to the aforesaid notice nor made any payment towards the outstanding dues. 7. The Applicant filed present Application under section 9 of IBC, 2016 and served the copy of this application through email at the registered email address as reflected on the MCA website, which was duly de....
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....ddressee under s. 27 of the General Clauses Act. Under the rules of the post office, the letter is to be delivered to the addressee or a person authorised by him. Such a person may either accept the letter or decline to accept it. In either case, there is no difficulty, for the acceptance or refusal can be treated as a service on, and receipt by, the addressee. ------------------------------------------- ------------------------------------------- "He can so manipulate matters that it gets returned to the sender with vague endorsements such as "not found", "not in station", "addressee has left" and so on. It is suggested that a landlord, knowing that the tenant is away from station for some reasons, could go throu....
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....instructions.' Hence it can be inferred that the service of section 9 is complete. Moreover, the email service is complete. 8. The Corporate Debtor has neither filed any reply nor appeared before the bench. The corporate debtor was proceeded ex-parte on 24.01.2020. 9. As per Form V, Part IV, the Corporate Debtor is liable to pay an outstanding sum of Rs. 7,82,142/- (Rupee Seven Lacs Eighty Two Thousand One Hundred And Forty Two Only) along with further interest @18% per annum with effect from 10.08.2016 of which the default has occurred on 10.08.2016. 10. The Applicant has filed an affidavit under section 9(3)(b) dated 11.01.2019 affirming that no notice of dispute has been given by the Corporate debtor relating to dispute of the u....
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.... one week from the date of this order. 15. We direct the Operational Creditors to deposit a sum of Rs. 2 lacs with the Interim Resolution Professional, namelyMr.Sunder Khatrito meet out the expense to perform the functions assigned to him in accordance with regulation 6 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Person) Regulations, 2016. The needful shall be done within one week from the date of receipt of this order by the Operational Creditor. The amount however be subject to adjustment by the Committee of Creditors, as accounted for by Interim Resolution Professional, and shall be paid back to the Operational Creditor. 16. As a consequence of the application being admitted in terms of ....