2021 (3) TMI 1225

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.... initiate CIRP against M/s. Manpasand Beverages Ltd. being Corporate Debtor. The outstanding sum has been claimed at Rs. 1,31,00,825/- which includes interest of Rs. 15,28,802/-. 2. The facts, in brief, are that the Operational Creditor supplied packing material from May 2016 to 2018 to 5th March 2019. A part-payment was received. Some credit note was also given. The Operational Creditor received the confirmation letter on 13.05.2019. The notice of demand under Section 8 of IBC, 2016 was issued on 30.05.2019 which was delivered on 03.06.2019. The Corporate Debtor replied to such Demand Notice on 05.06.2019 and 12.06.2019. 3. Learned Senior Counsel for the Operational Creditor narrated these basic facts. Our attention was also drawn to....

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....ar as maintainability of application is concerned, all provisions of IBC, 2016 stand complied. Further, there is a debt which is due and payable and not barred by limitation. There is no pre-existing dispute as well. The amount claimed is much more than the threshold limit of Rs. 1 lakh. The name of IRP has not been proposed as it is not mandatory in case of application filed under Section 9 of 1B Code, 2016. We will appoint the IRP from the list maintained by the IBBI. 7. Considering the facts and applicable legal position, the application filed by the Operational Creditor is admitted and stands disposed-off. We further order as under: ORDER 1. Corporate Debtor M/S. Manpasand Beverages Ltd. is admitted in Corporate Insolvenc....

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....rpan Maheshkumar Shah having Registration No. IBBI/IPA-00I/IP-P01847/2019-2020/ 12862, Email ID [email protected] to act as an IRP under Section 13(1) (c) of the Code. He shall conduct the Corporation Insolvency Resolution Process as per the provision Of Insolvency and Bankruptcy Code, 2016 r.w Regulation made thereunder: 5. The IRP shall perform all his functions as contemplated, inter-alia, by Sections 17, 18,20 & 21 of the Code. It is further made clear that all personnel connected with Corporate Debtor, its Promoter or any other person associated with management of the Corporate Debtor are under legal obligation under Section 19 of the Code extend every assistance and co- operation to the Interim Resolution Professional. Wh....