9911796707
TMI Blog2019 (8) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... heir Demand Notice. However, such disputed question cannot be decided either by the Adjudicating Authority or by this Appellate Tribunal, as in the invoice the name of the buyer has been shown as Perfect IT Solution and not Sify Technologies Limited . There being a disputed question of fact, we are of the view that it is a case which can be decided by a Court of Competent Jurisdiction, hence the application under Section 9 is not maintainable - appeal dismissed. - Company Appeal (AT) (Insolvency) No. 240 of 2019 - - - Dated:- 17-5-2019 - Mr S. J. Mukhopadhaya, Chairperson, Mr A. I. S. Cheema, Member (Judicial) And Mr Kanthi Narahari, Member (Technical) For The Appellant : Ms. Garima Sharma, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 14,91,508.20 Plus interest ₹ 1,65,025.04 (working as per annexure) Part -v PARTICULARS OF OPERATIONAL DEBT [DOCUMENTS, RECORDS AND EVIDENCE OF DEFAULT] 1. PARTICULARS OF SECURITY HELD, IF ANY, THE DATE OF ITS CREATION, ITS ESTIMATED VALUE AS PER THE CREDITOR. ATTACH A COPY OF A CERTIFICATE OF REGISTRATION OF CHARGE ISSUED BY THE REGISTRAR OF COMPANIES (IF THE CORPORATE DEBTOR IS A COMPANY) NOT APPLICABLE l. DETAILS OF RESERVATION/RETENTION OF TITLE ARRANGEMENTS (IF ANY) IN RESPECT OF GOODS TO WHICH THE OPERATIONAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... L V RAMANAN paid the requisite fee for this application through [state means of payment] on [date]. Yours sincerely, Signature of person authorised to act on behalf of the operational creditor Name in block letters L V Ramanan FOR OVERSEAS PACKAGING INDUSTRIES PVT. LTD. Position with or in relation to the operational creditor Branch Manager, Chennai Office Address of person signing_, 3rd floor, Creative Enclave No.148-150, Luz Church Road, Mylapore, Chennai -600 004 Instructions Please attach the following to this application: Annex I Copy of the invoice/demand notice as in Form 3 of the Insolv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... document or record or any evidence of default has been enclosed by the Appellant, as the Appellant marked the columns as not applicable or left the same blank. 5. Learned counsel for the Appellant relied on the other page to suggest that there is evidence of default. Invoice dated 22nd January, 2018 at Page 36 raised by the Appellant has been enclosed, wherein the name of the buyer has been shown as Perfect IT Solution . 6. The aforesaid invoice has been taken into consideration by the Adjudicating Authority to come to a definite conclusion that the buyer is Perfect IT Solution as shown in the invoice and not Sify Technologies Limited (Respondent herein). 7. Learned counsel for the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
