9911796707
TMI Blog2019 (9) TMI 1325X X X X Extracts X X X X X X X X Extracts X X X X ..... including interest @18% from the date of default towards supply of printed labels to the CD. 2. Three purchase orders were made bearing Order No. 140228, dated 24.7.2015, Order No.140233, dated 8.9.2015 and Order No. 140241, dated 21.11.2015, out of which Purchase order No. 140228 was paid and the same was admitted by the petitioner. The OC had supplied printer labels to the CD in terms of the Purchase Orders and raised 7 invoices amounting to Rs. 10,99,172.61 and two debit notes for other outside jobs got done by the OC on behalf of the CD amounting to Rs. 6,39,034/-. 3. The Respondent was sent notice under Section 8 of IBC,2016 through e-mail in relation which an affidavit filed u/s.65B of Indian Evidence Act, filed vide Diary No.3095, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,48,206/- is still left to be paid on behalf of the CD. 7. The Operational Creditor duly supplied the goods to the CD to its satisfaction and no dispute was raised by the CD at any point of time during the said supply 8. The Invoices raised by the OC were excisable Invoices and the CD was entitled to avail CENVAT credit to the extent of the Excise Duty charged by the OC and shown on the said invoices. It is submitted that the said CENVAT credit on the input was duly availed by the CD under the CENVAT Rules, which signifies the acceptance by the CD, of supplies made by the OC. 9. Subsequently a reply was filed by the CD on 5.12.2018, to which a Rejoinder was filed by the OC on 01.3.2019. 10. In view of the circumstances explained above, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essential goods or services to the CD as maybe specified shall not be terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section (1) shall not apply to such transactions as maybe notified by the Central Government in consultation with any financial sector regulator. The duration of the period of moratorium shall be as provided in Section 14(4) of IBC, 2016 and for ready reference reproduced below: (4) The order of moratorium shall have effect from the date of such order till the completion of the CIRP: Provided that where at any time during the CIRP period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of CD un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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