TaxTMI 
TaxTMI 
2021 (6) TMI 853
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....ority) Rules, 2016 by Smt. Kanika Dandona, through her attorney holder Mr. Jatin Dandona (for brevity 'Operational Creditor'/'Petitioner'), with a prayer to initiate Corporate Insolvency Process against AG Appliances Private Limited (for brevity 'Corporate Debtor'). Smt. Kanika Dandona (Petitioner/Operational Creditor) has executed a special power of attorney dated 13.11.2019 authorising Mr. Jatin Dandona to sign, and verify and to do all acts related to filing of present petition. There is an affidavit of Mr. Jatin Dandona in support of the contents of the application at page Nos. 17 to 19 of the petition. 2. The Corporate Debtor namely, AG Appliances Private Limited, is a Company incorporated on 16.03.2004 under t....
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....2.11.2019 (Annexure-VI) is stated to be served upon the corporate debtor by speed post. The demand notice was accompanied by copy of invoices dated 09.03.2019, 29.05.2019 and 25.06.2019 and copy of ledger account maintained by the operational creditor. The corporate debtor vide demand notice dated 02.11.2019 was called upon to repay the total unpaid operational debt of Rs. 3,96,212/- (Rs. 3,66,863/- as principal amount and interest of Rs. 29,349/- @ 24% p.a. till 02.11.2019) within 10 days. 6. It is deposed by the petitioner that the demand notice was issued to the corporate debtor vide speed post and no notice of dispute has been given by the corporate debtor related to the unpaid operational debt. The affidavit is appended with the petit....
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....the year 2020, the C.P. is well within the period of limitation. 13. We have gone through the contents of the application filed in the Form No. 5 and find the same to be complete. As discussed above, there is a total unpaid operational debt (in default) of Rs. 3,96,212/- (inclusive of Rs. 3,66,863/- as principal amount and interest amount of Rs. 29,349/- as on 02.11.2019). Copy of various invoices raised by operational creditor are appended with the petition and the same are found as Annexures - II to IV. Moreover, demand notice in Form 3 dated 02.11.2019 was also sent on 05.11.2019 stating that the amount due as on 02.11.2019 is Rs. 3,96,212/-. As a statutory requirement under Section 9(3)(b) of the Code, an affidavit dated 18.11.2019 (Pa....
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....ht 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 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 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. (e) It is further directed that the supply of essential goods or services to the corporate debtor as may be specified, shall not be terminated or suspended or interrupted during moratorium period. (f) The provisions of Section 14(3) shall however, not apply to such transactions as may be notified by the Cen....