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TMI Blog2017 (11) TMI 1579X X X X Extracts X X X X X X X X Extracts X X X X ..... disputed the claim as wrong and unordered for. Needless to say that when the claim is not admitted and clearly disputed by the respondent, it become more onerous on the applicant to prove its claim by adducing sufficient documentary evidence. However, no such documentary evidence could be produced to bind the respondent as corporate debtor and to satisfy existence of default in payment of corporate debt. As a sequel to the above discussions the application is rejected. - Company Petition No. (IB) 258 (ND)/2017 - - - Dated:- 11-10-2017 - MS. INA MALHOTRA AND MR. S.K. MOHAPATRA, JJ. For Operational Creditor : Mr. Raj Vardhan, Advocate And Mr. Nipun Kumar, Advocate ORDER S.K. Mohapatra, Member (Technical) 1. This is an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esolution Process in respect of respondent corporate debtor under sub-section (1) of Section 60 of the Code. 4. The precise case of the applicant is that pursuant to the orders and instructions received from the respondent-company, the applicant has been supplying and delivering the respondent-company branded aluminum composite panel (ACP), PET- G sheets, plastic sheets etc. in due course of business from time to time. The applicant has raised the invoices on the respondent-company for payment towards such material supplied delivered by the applicant Operational Creditor. Copies of twenty-one invoices amounting ₹ 1,41,51,552/- has also been placed on record along with copies of purchase orders and instructions. 5. It is furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horized to act on behalf of the operational creditor, name, relation, address of the person signing is missing in the said demand notice. Hon ble NCLAT in its judgment dated 17.07.2017 in the case of Macquarie Bank Ltd. v. Uttam Galva Metallics Ltd. has held that: 17. In view of such provision we hold that an advocate / lawyer or Chartered Account or a Company Secretary or any other person in absence of any authority by the Operational Creditor , and if such person do not hold any position with or in relation to the Operational Creditor , cannot issue notice under Section 8 of I B Code , which otherwise can be treated as a lawyer s notice/ pleader s notice, as distinct from notice under Section 8 of I B Code. 8. Needless t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be a basis to raise a claim. When the respondent-company has not signed the work orders/agreement/letters, they cannot be bound by their terms. Mere pleading of the applicant in the absence of supporting documentary evidence will not suffice to prove the default. 11. Similarly, the claim of applicant for interest @ 21% per annum has not been based on any document agreed between the parties. In the legal notice the applicant has also claimed ₹ 6,73,109/- towards sales-tax dues. However, absolutely no document has been produced in support of such claim. The applicant further has claimed that there has been delivery of the goods in question to the respondent-company from time to time. On this count also no document has been placed i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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