9911796707
TMI Blog2017 (3) TMI 1573X X X X Extracts X X X X X X X X Extracts X X X X ..... f this petition is stated to be one of sale of goods to the respondent company of Spherodial Graphite Rolls based on 3 (three) invoices as detailed below: Invoice No. Date Amount Invoice No. 550 11.10.2011 Rs9,60,841/- Invoice No. 785 21.12.2011 Rs.8,43,795/- Invoice No.885 20.01.2011 Rs.4,50,024/- Total Rs.22,54,660/- 2.Out of the above said amount of Rs. 22,54,660/-, the Petitioner claims that a sum of Rs. 16,95,000/- had been paid by the respondent company the last of the payment being made in March 2014 and subsequently no payment is forthcoming of the balance amount in a sum of Rs. 5,59,660/- from the respondent. 3.The Petitioner, with a view to recover the balance amount due to it of Rs. 5,59,600 had in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the hearing of the petition in the absence of the respondent company. 6.Be that as it may on a perusal of the records available before us, particularly taking into consideration the invoices as detailed above annexed as Annexure - 3 (colly) to the petition coupled with the Copy of the Ledger Account for the year 2011, 2012, 2013 and 2014, all annexed as part of Annexure - 4 (Colly), it is evident that the invoices relates to the period between February 2011 to January 2012 and the non-payment of dues is claimed to be in relation to 3 invoices as detailed above, and the last date of payment as per the ledger account for the period between 1.4.2013 to 31.3.2014 is that of 25-2.2014 where in a sum of Rs. 2,00,000/- is shown as received from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r any law for the time being in force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured; 8.It is also relevant to consider the definition of 'operational debt' and 'operational creditor' which seems to have given rise to the instant petition. Operational debt is defined under sec 5(21) of IBC to mean a claim in respect to the provision of goods or services including employment or a debt in respect of the debt in respect of repayment of dues arising under any law for the time being in force and payable to the central government, state government or any local authority and an operational creditor is defined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In relation to the decree obtained from the civil court in relation to the amounts claimed, we are of the considered view that the petitioner is well within its rights to have it executed before the appropriate civil courts meant for execution and that this Tribunal cannot be converted into an executing court of the above said ex parte decree obtained. Further we have categorically held in matter of Annapurna Infrastructure Pvt. Ltd. & Ors. Vs. Soril Infra Resources Ltd. in dated 24.03.2017 that a petitioner cannot seek to avail multiple remedies in respect of the same cause of action and thus venture into forum shopping.
10. In view of all the above the petition is dismissed with costs of Rs. 25,OOO/- X X X X Extracts X X X X X X X X Extracts X X X X
|
