2022 (1) TMI 16

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....ion to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') by M/s. Bhagwati Air Express Pvt. Ltd. (for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency process against M/s. Dharmraj Logistics India Pvt. Ltd. (for brevity 'Corporate Debtor'). 2. The Applicant submitted that the corporate debtor had approached the applicant in the year 2017 for the purpose of availing the services rendered by the applicant of forwarding the goods from port to port and pursuant to negotiations and discussions, the applicant agreed to provide services of forwarding cargo to the corporate debtor and had raised the invoices from 31.03.2019 to 01.07.2019. 3. The Applicant submits that the corporate deb....

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....re the Bench. The Corporate Debtor was proceeded ex-parte on 17.11.2021. 7. As per Form V, Part IV, the Corporate Debtor is liable to pay an outstanding sum of Rs. 11,51,154/-. The date of default is 01.07.2019 and the present application was filed on 26.12.2019, hence the debt is not time barred and the application is filed within the period of limitation. 8. The Applicant has filed an affidavit under section 9(3)(b) dated 18.12.2019 affirming that no notice of dispute has been given by the corporate debtor relating to dispute of the unpaid operational debt. 9. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 10. In the given facts....