R.P. Nagrath, Member - (1.) This petition has been filed by Sunrise 14 A/S, a Company incorporated under the Danish law having its registered office at Kobenhavn Denmark, claiming itself to he the Financial Creditor for initiating the insolvency resolution process under Section 7 of the Insolvency & Bankruptcy Code, 2016 (for short to be referred here-in-after as the 'Code') against the Respondent ("Corporate Debtor"), The application has been filed in Form No. 1 as prescribed by sub-rule (1) of Rule 4 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity the 'Rules').
(2.) The Board of Directors of "Financial Creditor" passed resolution dated 21.02.2017 (Annexure I(A) authorising Mr. Varghese Thomas, Partner, J. Sagar Associates and Mr. Rohit Khanna, Advocate, all rights to act, appear and plead on behalf of the company for initiation of corporate insolvency against the "Corporate Debtor". It was further resolved to appoint and authorise Ms. Rakhi Lalwani to fife requisite applications, papers, documents and affidavits to represent the company in the above proceedings. The contents of the application are supported by an affidavit of Ms. Rakhi Lalwani, resident of Mumbai. The affidavit is at page 95-A of the paper book.
(3.) The "Financial Creditor" was incorporated on 04.12.2013 and in column No. 6 of Part-I of the application, the name and address of the person authorised to accept service of the process is Mr. Varghese Thomas, resident of Mumbai on the basis of resolution of the Board of Directors (Annexure I(A). The respondent was incorporated as a company under the Companies Act, 1956 on 17.11.2008 having its registered office at Ludhiana. Therefore, the matter falls within the territorial jurisdiction of this Tribunal. The certificate of incorporation is at Annexure I(B) (Colly).;