K. Anantha Padmanabha Swamy, Member - (1.) Under Consideration is a Company Petition filed by M/s. Bizerba India Private Limited (in short, 'Petitioner/Operational Creditor') against M/s. Cissil Retail Management Private Limited (in short, 'Respondent/Corporate Debtor') under section 9 of the Insolvency and Bankruptcy Code 2016 (In short, 'IB Code 2016') r/w Rule 6 of then(Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity, 'IB Rules 2016') .
(2.) Before proceeding with this matter, it would be appropriate to make a note of background facts for the purpose of determination of this petition.
(3.) The petitioner/OC is a Limited Company incorporated under the Companies Act, 1956, having its registered office is situated at 401, Technocity, Plot No. X - 5/3, TTC Industrial Area, Mahape Navi Murribai, Thane-400710, Maharashtra and engaged the business of trade/retail business through retail outlets India like Hyper markets, supermarkets, departmental stores, retail business outlets etc. Whereas the respondent company, is a private limited company incorporated under the Companies Act, 2013, having its' registered office is situated at T.C.NO.40/1591 (2) ,(3) ,(4) , Radha Vilas Manacaud.P.O, Muttathara Village, Thiruvananthapuram-695009, Kerala State.;