2020 (11) TMI 1042

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....iled this Petition under Section 9 of The Insolvency and Bankruptcy Code, 2016 [hereinafter referred to as "the Code"] read with Rule 6 of The" Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 [hereinafter referred to as "the Rules"], as operational creditor/applicant. 2. The applicant/operational creditor is a private limited company having its registered office at New Delhi engaged in contractual staffing and permanent recruitment services and having identification No. U74910DL1997PTC085591. 3. The respondent/corporate debtor ¡s a private limited company registered on 31.12.2010 under the provisions Companies Act and having identification No. U72900GJ2010PTC063439 and having registered office at Su....

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....hirty-seven only) which includes principal amount of Rs. 1,19,59,123/- along with interest at the rate of 12% per annum amounting to Rs. 26,70,821/- is due and pending as on 07.10.2019. 5. The applicant has further stated that the corporate debtor executed a duly notarised undertaking on 12.09.2018 in favour of the applicant whereby the corporate debtor unconditionally acknowledged in writing its liability to pay the operational debt of Rs. 1,13,02,538/- along with interest and statutory dues and promised to clear the operational debt in two instalments before 15th January, 2019, however, corporate debtor failed to honour its commitments. 6. The applicant/operational creditor has further stated that, the last invoice became due and pa....

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....unts of operational creditor and non-submission of bank statement. Findings: 10. Heard advocates appearing for both the sides and perused the documents annexed to the application/reply. 11. on perusal of the records it is found that the demand notice which is a pre-requisite under section 8 of the Insolvency & Bankruptcy Code, 2016 for filing the petition under section 9, issued by the applicant on 07.10.2019 (page 57-74) is signed and issued by an unidentified person on behalf of the applicant company without mentioning designation or full name of the person who has signed it. On perusal of the records it is found that vide Board Resolution dated 15.11.2019 one Mr. Sudeep Pramanik, Director - Human Resource has been given authorit....