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Judgment
S. No,"INVOICE
NO.",DATE,AMOUNT
1,TD00009,16.03.2015,"Rs. 5,61,000/-
2,TD00012,19.03.2015,"Rs. 1,53,000/-
3,TD00013,20.03.2015,"Rs. 51,000/-
4,TD00014,24.03.2015,"Rs. 15,30,000/-
5,TD000015,24.03.2015,"Rs. 8,67,000/-
6,TD00018,28.03.2015,"Rs. 3,06,000/-
7,TD00019,30.03.2015,"Rs. 2,04,000/-
8,TD00003,24.04.2015,"Rs. 4,08,000/-
It has been observed by the tribunal that the invoices issued by the applicant are in violation of the section 12(3)(c) which clearly states that:,,,
“Every company shall… Get its name, address of its registered office and the corporate Identity Number along with telephone number,",,,
fax number, if any, e-mail and website address, if any, printed in all its business letters, bill heads, letter papers and in all its notices and",,,
other publication;†(Emphasis Supplied),,,
As, the invoices issued by the operational creditor do not contain the Corporate Identity Number of the company the ROC is directed to take",,,
necessary steps as per law provided in this respect against the operational creditor.,,,
The registered office of respondent is situated in New Delhi and therefore this Tribunal has jurisdiction to entertain and try this application.,,,
In the given facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, establishing the default in",,,
payment of the operational debt beyond doubt, and fulfillment of requirements under section 9(5) of the Code. Hence, the present application is",,,
admitted,,,
The Applicant has not proposed the name of any Interim Resolution Professional. In view of the same, this Bench appoints Mr. Sanjiv Kumar",,,
Arora having registration no. IBBI/IPA-001/IP-P01462/2018-2019/12390 and email address [email protected] and contact number is 9899881337,",,,
as the IRP of the Respondent. The IRP is directed to take all such steps as are required under the statute, more specifically in terms of Sections",,,
15,17,18,20 and 21 of the Code.",,,
As a consequence of the application being admitted in terms of Section 9(5) of IBC, 2016 moratorium as envisaged under the provisions of Section",,,
14(1) shall follow in relation to the Respondent prohibiting proviso (a) to (d) of the Code. However, during the pendency of the moratorium period,",,,
terms of Section 14(2) to 14(3) of the Code shall come in vogue.,,,
A copy of the order shall be communicated to the Applicant as well as to the Respondent above named by the Registry.,,,
A copy of this order shall also be communicated to the Registrar of Companies, NCT of Delhi & Haryana for necessary action as directed in Para 15",,,
& 16 above. Further the IRP above named be also furnished with copy of this order forthwith by the Registry.,,,