2019 (12) TMI 127 - Tri - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - issuance of El Form - debt due and payable - whether submission of El Form as per the terms stipulated in the purchase order, is a pre condition for enabling the Corporate Debtor to pay the amount in demand? HELD THAT - On a reference to all documents, there is a pre existent dispute as alleged by the Corporate Debtor in respect of the payment of the debt due to the Operational Creditor and therefore, this Application is liable to be rejected. Application rejected.

Summary

Issues:
Application for initiating Corporate Insolvency Resolution Process under Section 9 of the Insolvency & Bankruptcy Code, 2016 based on non-payment dispute between Operational Creditor and Corporate Debtor.

Analysis:
1. Operational Creditor's Claims:
- Application filed by Operational Creditor for initiating CIRP against Corporate Debtor due to non-payment of ?36,37,454.
- Operational Creditor supplied goods as per purchase order, generated invoices, and submitted required documents for payment.
- Bank honored two out of three Letters of Credits, but refused the third, leading to non-payment dispute.
- Allegations supported by correspondence and documents exchanged between parties.
- Operational Creditor contends entitlement to claim the amount despite Corporate Debtor's refusal to pay.

2. Corporate Debtor's Defense:
- Corporate Debtor raised disputes regarding non-submission of 'C Form' related to goods supplied.
- Claims Operational Creditor failed to issue 'El Form' as per purchase order terms, justifying withholding payment.
- Counter claim against Operational Creditor mentioned, disputing the debt claimed.
- Corporate Debtor admitted receiving goods but disputed non-compliance with purchase order terms.

3. Hearing and Decision:
- Operational Creditor filed rejoinder denying Corporate Debtor's claims and asserting legitimate dues pending.
- During the hearing, Operational Creditor's counsel was absent, and Corporate Debtor's arguments were considered.
- Tribunal analyzed the terms of the purchase order, particularly focusing on the requirement of an 'El Form' submission.
- Dispute centered around non-issuance of 'C Form' by Corporate Debtor, affecting 'El Form' submission and subsequent payment.
- Tribunal found a pre-existing dispute regarding payment obligations, leading to rejection of the CIRP application.
- Order issued rejecting the CIRP application, emphasizing the unresolved dispute between the parties.

In conclusion, the Tribunal dismissed the Operational Creditor's application for initiating CIRP against the Corporate Debtor due to the unresolved dispute concerning the submission of necessary forms as per the purchase order terms. The judgment highlighted the importance of adherence to contractual obligations and the presence of pre-existing disputes affecting payment obligations between the parties.