JUDGEMENT
Vijai Pratap Singh, Member -
(1.) The petitioner has filed this application under Sec. 9 of the Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as I & B Code) 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter referred to Adjudicating Authority Rules, 2016) for initiation of corporate insolvency process against corporate debtor M/s. Ankit Metal & Power Ltd.
(2.) Brief facts of the case are the following:-
The applicant operational creditor is M/s. Paharpur Cooling Towers Ltd. whose identification No. is U02005WB1949PLC018363 and having its registered office at 8/1/B, Diamond Harbour Road, Kolkata - 700 027. The Corporate debtor is M/s. Ankit Metal & Power Ltd. whose identification No. is L27101WB2002PLC094979 having its registered office at 35, Chittaranjan Avenue, Kolkata - 700 012.
(3.) The petitioner has stated that pursuant to an agreement dated 10/7/2010 bearing No. AMPL-CPP (ACC-25MW) between the corporate debtor and the operational creditor the corporate debtor has agreed to appoint the operational creditor for supply, transportation, erection and commissioning of Air Cooled Condenser for 25 MW power plant at Jorehira, Bankura, West Bengal. A copy of the said agreement is annexed with the application as Annexure A.;
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