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2022 (3) TMI 812

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....'IBC, 2016') r/w Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 against M/s. Sri Anjaneya Cartons Pvt. Ltd., (hereinafter referred to as "Corporate Debtor') for the debt and due payable by the Respondent to the tune of Rs. 9,98,798.06 (Rupees Nine Lakhs Ninety Eight Thousand and Seven Hundred and Ninety Eight and Paise six only) to the Applicant/Operational Creditor. 2. Counsel for the Applicant/Operational Creditor submits that they have supplied scrap material to the Respondent under Invoice Nos. 2018-19/0265 dated 29.06.2018, 2018-19/0268 dated 29.06.2018, 2018-19/0347 dated 21.07.2018, 2018-19/0348 dated 21.07.2018 and 2018-19/0497 dated 25.08.2018. The above invoices were raised b....

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.... documents have been enclosed by the Respondent either by way of e-mail or by way of any other documents to satisfy this Tribunal that there has been pre-existing dispute between the parties. Furthermore, only defence stated by the Respondent in this application is the pre-existing dispute with regard to the defects in the supply of goods made by the Applicant/Operational Creditor. No documents have been filed to satisfy that the same has been enclosed either with counter or with any other documents. In view of the same, it was submitted by the Counsel for the Operational Creditor that there is a debt and default on the part of the Corporate Debtor. Accordingly, the Operational Creditor has proved existence of debt and default and prayed fo....

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....in force, a licence, permit, registration, quota, concession, clearance or a similar grant or right given by the Central Government, State Government, local authority, sectoral regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminated on the grounds of insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license or a similar grant or right during moratorium period; 6. However, during the pendency of the moratorium period in terms of Section 14(2) (2A) and 14(3) as extracted hereunder: (2) The supply of essential goods or services to the Corporate Debtor as may be specified shall not be te....

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....e effect from the date of such approval or Liquidation Order, as the case may be. 8. Since the Operational Creditor has not named the Insolvency Resolution Professional, this Tribunal based on the latest list furnished by Insolvency and Bankruptcy Board of India applicable for the period between Jan 2022 - June 2022 appoints Mr. R. SUGUMARAN having registration number [IBBI/XPA-001/IP-P00677/2017-2018/11147] (e-mail id:- [email protected]) as the "Interim Resolution Professional" subject to the condition that no disciplinary proceedings are pending against such an Interim Resolution Professional named and disclosures as required under IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 are made within a period of o....