M.M. Kumar, C.J. - (1.) This is an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'the Code') read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The petitioner claims that it is an 'Operational Creditor' and the respondent is a 'Corporate Debtor'. The CIN number of the petitioner is U31909DL2002PTC114411 and it is based at New Delhi.
(2.) The Corporate Debtor 'Pier-One Constructions Private Limited' has been incorporated on 14.07.2005. Its CIN number is U45201DL2005PTC138693. Its nominal share capital is 10,00,000/- (Rupees Ten Lakh Only) and paid up share capital is Rs. 10,00,000/- (Rupees Ten Lakh Only) and it is based at B-257, Okhla Industrial Area, Phase-I, New Delhi-110020.
(3.) It is appropriate to mention that before filing the instant petition the petitioner has filed a petition under Section 433 (e), 434 & 439(1) (b) of the erstwhile Companies Act, 1956 before the Hon"ble Delhi High Court. On account of notification No. D.L.-33004/99 dated 07.12.2016 issued by the Ministry of Corporate Affairs the petition was transferred to this Tribunal and thereafter compliance has been made by the petitioner in accordance with various notifications and the provisions of the Code, 2016.;