9911796707
TMI Blog2019 (7) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... solvency Resolution Process - existence of Debt - HELD THAT:- The cheque issued by the corporate debtor on 9th February, 2018 shows that the comparison chart by the appellant is merely an eyewash to mislead that there was no debt payable. It is not clear as to why the corporate debtor issued cheques if there was no debt . The bank receipt of 8 Lakhs was shown on 9th February, 2018 and the bank rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Insolvency and Bankruptcy Code (for short, the 'I&B Code') by respondent 'Bhagwati Kripa Paper Mills' (Operational Creditor) has been admitted, order of moratorium has been passed and the 'Resolution Professional' has been appointed. The learned counsel appearing on behalf of the appellant submits that all the claim as made by the 'Operational Creditor' stands paid and there was no amount due and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 9 as filled up by the 'operational creditor' is on record. Part IV shows particulars of the 'operational debt' to the extent of ₹ 4,4885,364/- outstanding on 23rd March, 2018. The details of transactions of account of which debt fell due and the dates from which such debt fell due has been enclosed. The last invoice receipt was raised on 8th November, 2017. In view of the mounting l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vident from the detailed chart with the details of the cheques dishonoured by the A.P. Enterprises as on 9th February, 2018, which was enclosed and marked as Annexure G to the Form 5. The cheque issued by the 'corporate debtor' on 9th February, 2018 shows that the 'comparison chart' by the appellant is merely an eyewash to mislead that there was no 'debt' payable. It is not clear as to why the 'co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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