9911796707
TMI Blog2017 (6) TMI 1308X X X X Extracts X X X X X X X X Extracts X X X X ..... ansferred the matter to this Tribunal and passed the following order on 13.01.2016 as no notice of the petition was served on the Respondent:- "In terms of the notification Regd. No.D.L.33004/99 dated 7.12.2016 issued by Ministry of Corporate Affairs and in particular, Clause 5 thereof, the present winding up petition under sections 433 (e), 434 and 439(b) of the Companies Act, 1956, stands transferred to the Principal Bench, National Company Law tribunal, New Delhi (hereinafter referred to as 'NCLT'). In the first instance, list this matter before the Principal Bench, NCLT on 14th March 2017 for further proceedings, in accordance with law. The Registry is directed to transmit the record of the present petition to the Principa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Creditor' have also been placed on record along with receipts (Annexure-B). A perusal of the purchase order issued by the Operational Debtor' would show that purchase was ordered on 22.03.2016 and supply was made. Thereafter invoices were raised. 5. On 16.08.2016 the 'Operational Creditor' sent a demand notice with regard to unpaid debt which was replied on 23.08.2016 alleging that the materials delivered were defective and was of poor quality. According to the 'Operational Creditor' no such communication had ever been made to him before the aforesaid date which infact was a false plea raised to defeat the demand of unpaid debt. 6. On 5.9.2016 the 'Operational Creditor' clarified to the 'Operational ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of outstanding amount along with interest. The notice has not been replied nor the unpaid debts have been paid. The postal receipts and the speed post tracking reports have been placed on record (Annexure-D) along with emails print (Annexure-E). The master data of the 'Operational Debtor' has also been placed on record. 8. In order to enable the petitioner to continue its proceedings after transfer under the Code compliance affidavit has been filed disclosing that the petitioner wants the petition before this Tribunal to be treated as an application u/s. 9 of the Code. The compliance affidavit shows that notice u/s. 8 of the Code calling upon the 'Operational Debtor' to pay the unpaid amount of debt along with intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which we have considered. 10. It would be desirable to make reference to the defect raised by the 'Operational Debtor' in its reply dated 23.08.2016 (Annexure-C). The aforesaid dispute sought to be raised does not appear to be bona fide for the reason that the 'Operational Creditor' had duly informed the 'Operational Debtor' -respondent that its authorised quality person at Natani Steel Rolling Mills, Jaipur was present to check the length and quality of each and every Channel at the time of rolling, loading and despatch to the Factory. The authorised quality person had cleared and approved the Channels which were dispatched only after his approval and in his presence. If the Channels supplied were defective or were ..... X X X X Extracts X X X X X X X X Extracts X X X X
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