PRADEEP M R Vs. MERCHEM LIMITED

JUDGEMENT

(1.) Under Adjudication is CP/689/(IB) /CB/2017 that has been filed by the Operational Creditor under Section 9 of the Insolvency & Bankruptcy Code 2016 (in short, 'I&B Code, 2016') r/w the Insolvency & Bankruptcy (Application to Adjudicating Authority Rules, 2016) . The prayer made is to admit the Application, to initiate the Corporate Insolvency Resolution Process against the Corporate Debtor, declare moratorium and appoint Interim Resolution Professional (IRP) under the Insolvency and Bankruptcy Code, 2016 (I&B Code) .

(2.) Private notice for service on Corporate Debtor was ordered on 21.12.2017, which was served and proof of same along with an Affidavit was filed by the Operational Creditor before this Bench on 09.01.2018. There was no representation on behalf of the Corporate Debtor even after delivery of notice. Therefore, the Corporate Debtor was proceeded ex-parte on 09.01.2018. Heard the Counsel for the Operational Creditor and perused the record.

(3.) The Operational Creditor claimed an amount of Rs.3,20,397/- on account of the services which he had rendered to the Corporate Debtor as Office Assistant. The Operational Creditor has been appointed as Office Assistant by the Corporate Debtor on 01.07.2011, the copy of the appointment letter is placed at pages 145 and 146 of the typed set filed with the Application. The attendance sheets are also placed on record, which find placed at pages 151 to 153 of the typed set filed with the Application, that reflect that the Operational Creditor's name falls at SI. No. 6 of the Attendance Sheet, which is self-attested for the period from July, 2017 to September, 2017.