V.P. Singh, Member - (1.) The present application has been filed by the Operational Creditor, M/s. DBM Geotechnics and Construction Private Limited under section 9 of the Insolvency and Bankruptcy Code 2016 claiming an amount of Rs. 77,96,40,215/-. The applicant before instituting the present proceeding has complied with the statutory requirements of Insolvency & Bankruptcy Code, 2016 (hereinafter, in short, will be referred to as the I & B Code) by issuing a demand notice dated 17th April, 2017 in terms of section 8(1) of I. & B. Code to the Corporate Debtor. The said notice is annexed from page 866 to 884, which has been duly received by the Corporate Debtor, but he has not responded to the demand notice and no notice of dispute has been given by him in terms of section 8(2) of the I & B Code. The applicant has filed several documents in support of the claim.
(2.) The petitioner has given the details of the transactions on account of which debt has become due in column 1 at pages 5 to 9 of the petition. The petitioner has stated that the total amount payable is constituted of 17 different principal sums, each of the above amount fell due on different dates and each of these dates is set out in the statement, which is Annexure-VII (page Nos. 480 to 492) of the petition. The petitioner has also attached the copy of the bank statement, which is Annexure-VIII, page 481 to 865) of the petition. The petitioner has attached the copy of RA bill Nos. 1 to 13 Annexure-II; letter dated 14.12.2013 admitting liability towards JSPL Annexure-III; demand notice in terms of form-3 Annexure-IX; Certificate from State Bank of India confirming that no payment made of unpaid of operational debt from GPL, Annexure-X.
(3.) The petitioner has also attached the copy of the Board Resolution authorising Mr. Satish Tiwari, designated as Vice-President working with DBM Geotechnics & Construction Private Ltd. to sign on behalf of the company. The petitioner has also filed an affidavit under section 9(3)(b) of the IB Code (pages 891 to 892) stating that the demand notice in terms of section 8 of the Code in form 3 was served on the Corporate Debtor on 22.04.2017 but the Corporate Debtor has not provided a notice relating to dispute of unpaid operational debt, in terms of section 9(3)(b) of the Code. Shri Satish Tiwari has verified the petition, under I.B. Code.;