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2023 Supreme(Online)(NCLT) 1680

NATIONAL COMPANY LAW TRIBUNAL
THILAGAVATHI – Appellant
Versus
SIVADHARSHINI PAPERS PRIVATE LIMITED – Respondent


Advocates:
For the Petitioner:PETITIONER IN-PERSON
For the Respondent:Mohit Kumar

ORDER 

(Heard through Hybrid Mode)

M/s. Sunwin Papers, a proprietory concern, the Operational Creditor / Petitioner has filed this petition under Section 9 of IBC for initiating CIRP against the Corporate Debtor Sivadarshini Papers Ltd, the Respondent herein.

2. Part-I of the petition sets out the details of the operational creditor i.e. Sunwin Papers. It has its office at No. 22, Chellammal Colony, 1st Street, Samundipuram, Tirupur – 641 603. Part – II of the petition sets out the details of the Corporate Debtor i.e. Sivadarshini Papers Ltd, IN No. U21010TZ2008PTC01884. It was incorporated on 27.11.2001 with share capital of Rs. 1500 Lakhs and paid up capital of Rs. 925 Lakhs. It has its registered office at No. 2/309-A, Harini Arcade, Vadavalli Post, Coimbatore – 641 041 within the jurisdiction of this Tribunal. In Part-III, the Petitioner has not proposed any name of the IRP.

3. Part – IV of the petition sets out the details of the operational debt i.e. Rs. 1,97,81,833/- (Rs. 34,92,288/- as principal and interest 39% as per Section 16 of MSMED Act) towards the raw material waste paper supply for the period from 08.09.2016 to 04.06.2018 and the date of default as 04.02.2018.

4. As per

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