2021 (5) TMI 785

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....ules, 2016 (for brevity 'the Rules') by Jones Lang Lasalle Building Operations Private Limited through its legal manager, Mr. Vishal Vijayvargia who has been duly authorized vide board resolution dated 02.05.2019(for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency process against M/s. Sare Facilities (Gurgaon) Services Private Limited (for brevity 'Corporate Debtor'). 2. The Applicant is a private limited company incorporated under the provisions of Companies Act, 1956 on 01.11.2002, having CIN U74140DL2002PTC117573, inter-alia, involved in the business of providing property management services. The applicant is having its registered office at 1110, Level 11, Ashoka Estate 24 Barakhamba Road,....

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....r has paid to the applicant, the partial amount against the invoices through RTGS on 18.03.2019 for total sum of Rs. 6,61,598/-. The applicant further submits that the debt has fell due on account of non-payment of invoices raised against services rendered under the said Agreement and LOI. 6. The applicant issued a demand notice under section 8 in Form 4 of I&B Code (Under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 on 18.09.2019. 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 on 19.09.2019. The tracking report is filed, which mentions 'Shipment Delivered' at the ....

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....corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 12. In the given facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. 13. Since the Applicant has not named the Insolvency Resolution Professional, we hereby appoint Mr. Bikram Singh Gusain, with registration number IBBI/IPA-002/IP-N00011/2016-17/10015 ([email protected]) as IRP subject to the condition that no disciplinary proceedings are pending agai....