ANC KNIT CRAFT Vs. FOREMOST INTERNATIONAL PVT LTD

JUDGEMENT

(1.) This petition has been filed by the Operational Creditor to set in motion the Corporate Insolvency Resolution Process as contemplated under Section 9 of the Insolvency and Bankruptcy Code, 2016 (for short to be referred here-in-after as the 'Code') in relation to M/s. Foremost International Private Limited (for brevity Respondent/Corporate Debtor). The petitioner is a partnership firm comprising of two partners, namely; Tarish Sahni and Ritu Sahni. Copy of the partnership deed dated 15.09.2010 is Annexure A-1. There is an affidavit of Tarish Sahni, partner of the firm in support of the averments contained in the application.

(2.) During the course of arguments on 17.05.2017, when the matter was part heard, the petitioner's counsel placed on record copy of Form A of the Registrar of Firms containing the names of both the partners and also Form B issued by the Registrar of Firms, Delhi showing the applicant firm having been registered on 23.03.2015. Another set of these Forms A and B have also been attached along with the index of the documents produced on 19.05.2017 for which the matter was fixed. The registered office of the respondent company is at Gurgaon and, therefore, the matter falls within the territorial jurisdiction of this Tribunal.

(3.) The Corporate Debtor was incorporated under the Companies Act on 11.12.2002. The petitioner has also provided the particulars of the issued and paid up share capital of the respondent.