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TMI Blog2019 (6) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... cified destination as per the instructions and after the delivery it has raised invoices. However, the Corporate Debtor failed to rnake the payments - The Corporate Debtor contended that they have cleared all the bills in respect of the Operational Creditor and they have not utilized the services of the Operational Creditor to supply as claimed by them. HELD THAT:- It is well settled principle of Law that, as long as there exist a real dispute as to payment between the parties and such existence of a dispute is a ground for rejecting the Petition under Section 9 of the 1B Code. In the present case the Adjudicating Authority having satisfied with the submissions put forth by the Corporate Debtor, that there is a pre- existing dispute, held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Operational Creditor stated that, pursuant to an understanding between the Operational Creditor and Corporate Debtor, the Operational Creditor has took the consignment to transport the goods of Corporate Debtor and delivered the goods to various destinations as instructed by the Corporate Debtor. Thereafter, the Operational Creditor has sent the enquiry letter through email for the rates confirmation and after satisfying the rates between the Operational Creditor and Corporate Debtor, the Operational Creditor has raised the invoices with the Consignment Note with an endorsement that the material is received as per the standard terms of payment (the 'payment policy) followed by the Operational Creditor. 4. It is also stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... / - (Rupees Sixty Six Thousand Two Hundred and Forty only) charged @ P.A. from 12.04.2016 to 09.10.2017 as per the payment policy (as stated in the sales invoice). 7. The Respondent/Corporate Debtor filed its counter denying all the averments made by the Operational Creditor, and stated that the Respondent has engaged the Petitioner several times for transportation of manufactured goods to M/S JSW Steel Ltd located in Torangallu, Karnataka during the period 2015 - 16. 8. It is stated that the Respondent as a matter of business practice clears the invoices of its transporters on verification of supporting documents evidencing the transportation of goods. The Respondent have asked the Petitioner to submit supporting documents evidencing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational Creditor claims that the goods were transported by it on the instruction of the Respondent/ Corporate Debtor and also states that the communications exchanged between the parties on the destination of the transportation of goods and subsequently the rates have been confirmed, however no such instruction and correspondences are enclosed with the said Application. It is also averred that the consignment note enclosed with the application has an endorsement of the Respondent that the material is received. 11. It is stated that the Corporate Debtor has never admitted the liability and in turn has always disputed the claim as it is not supported by the documents evidencing the transportation of goods by the Petitioner on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and they have not utilized the services of the Operational Creditor to supply as claimed by them. 15. It is also on record that the demand notice was issued on 09.10.2017 and the Corporate Debtor has replied the said demand notice vide email dated 16.10.2017. The last para of the said email seems to be important wherein the Corporate Debtor has said that "titl today we have not received the same. We agree to accept and process payments if any based on the scanned copies of the above documents and during reconciliation agreed to cross check the scanned copies with the originals with you. Please take steps to furnish us the relevant documents and conclusively prove that we indeed owe you the money" It is also on record that there are email ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e materials with the customer name and seal. However, the Operational Creditor has not furnished all the documents either to the Corporate Debtor or before This Adjudicating Authority. Therefore, it is deemed that the said documents are not available with the Operational Creditor and the learned Counsel for the Corporate Debtor rightly said that there exist some disputes between the Corporate Debtor and the Operational Creditor. It is also on record that the Operational Creditor has not furnished the other documents as sought for by the Corporate Debtor except the invoice and consignee copies and the dispute has also been brought to the notice of the Operational Creditor through the reply dated 16.10.2017. The case laws cited by the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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