2022 (4) TMI 73

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....kaging Private Limited ("the Corporate Debtor"). 2. The Corporate Debtor was incorporated 14.07.2008 under the Companies Act, 1956. Its Corporate Identity Number (CIN) is U21012PN2008PTC132413. Its registered office is at Flat No. 16, Building No. D, Kumar Classic, Aundh, Pune - 411 007. Brief Facts of the case: 3. Operational Creditor is a firm with Registration No. GUJ/BRD/143 and has it registered office at Near Ranoli Crossing, N.H. No. 8, P.O. Dashrath, Vadodara - 391 740. The Firm is engaged in business of manufacturing and trading of all types of wooden packing boxes, timber, plywood, pallets, crates etc. The Petitioner in the course of ordinary business supplied goods from March 2017 till April 2018. 4. Operational Creditor supp....

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....of the Corporate Debtor is at Ahmedabad and it is not within the Jurisdiction of this Hon'ble Bench. Findings: 8. We have heard the submissions of Applicant as well as the Respondent and perused the records. 9. The registered office of the Corporate Debtor as per Ministry of Corporate Affairs (MCA) records is Flat No. 16, Building No. D, Kumar Classic, Aundh, Pune - 411 007. As per Section 9(1) of Insolvency and Bankruptcy Code, 2016, the operational creditor may file an application before the Adjudicating Authority for initiating a corporate insolvency resolution process. As per Section 5(1) of Insolvency and Bankruptcy Code, 2016, the "Adjudicating Authority", means National Company Law Tribunal constituted under section 408 of the....

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....IRP) against CKD Pack Packaging Private Limited [CIN: U21012PN2008PTC132413], the Corporate Debtor, is admitted. 15. There shall be a moratorium under section 14 of the IBC, in regard to the following: i. The institution of suits or continuation of pending suits or proceedings against the Corporate Debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; ii. Transferring, encumbering, alienating or disposing of by the Corporate Debtor any of its assets or any legal right or beneficial interest therein; iii. 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 Se....

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....m as Interim Resolution Professional (IRP) of the Corporate Debtor to carry out the functions as mentioned under IBC. The IRP shall carry out functions as contemplated by sections 15, 17, 18, 19, 20 and 21 of the IBC. The fee payable to IRP/RP shall be compliant with Regulations, Circulars and Directions issued by the Insolvency & Bankruptcy Board of India (IBBI) as may be applicable. 20. During the CIRP Period, the management of the Corporate Debtor shall vest in the IRP or, as the case may be, the RP in terms of section 17 of the IBC. The officers and managers of the Corporate Debtor shall provide all documents in their possession and furnish every information in their knowledge to the IRP within a period of one week from the date of rec....