Ina Malhotra, Member - (1.) The petitioner has filed present petition under section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to the Code) with a prayer to initiate corporate insolvency resolution in respect of M/s. PTC Techno Pvt. Ltd. (hereinafter referred as 'the Corporate Debtor').
(2.) As per averments made in said application, the petitioner, being the 'Operational Creditor', provided services of electroplating to the Respondent. Invoices were raised for the services rendered between from the period 11.04.2013 to 19.09.2013. It is submitted that the 'Operational Debtor' failed to remit the amounts under the bills. The total aggregate amount claimed is Rs. 24,18,273.36/- which includes the Central Sales Tax for want of submission of the 'C' forms.
(3.) The applicant/Operational Creditor has taken due steps to serve a notice u/s. 8 of the Code giving ten days time to the Corporate Debtor to respond and/or raise any dispute. The same has been returned back with the endorsement "Refused". The applicant has filed an affidavit deposing that there is no notice given by the Corporate Debtor relating to the dispute of the unpaid Operational Debt in terms of Section 9(3)(b) of the . Further in compliance of the requirement u/s. 9(3)(c), the certificate of ICICI Bank has been filed confirming that there was no payment of the Operational Debt received in the account of the Operational Creditor. The said application is also annexed with the consent of the named insolvency professional, who has certified that there are no disciplinary proceedings pending against him with the Board or with the Indian Institute of Insolvency Professional of ICAI. The petitioner has filed the copy of the 123 invoices corroborating the reproduced statement of the ledger account.;