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TMI Blog2020 (6) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... he corporate debtor in reply to the application. On the contrary there is an admission by the corporate debtor to do the payment upon receiving the payment from TATA projects, Ahmedabad Metro vide reply to section 8 notice through its email dated 25-5-2019. This leaves no doubt that the default has occurred with respect to the payment of the operational debt of the applicant. Time limitation - HELD THAT:- The date of default occurred from 16-4-2018 and hence the debt is not time barred and the application is filed within the period of limitation. Jurisdiction - HELD THAT:- The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The present ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant is having its registered office at Unit No. 4, Ground Floor, Building No. 01, C-2 Type Sector-02 Opposite Abbott Hotel, Vashi, Navi Mumbai Thane-400703. 3. The Corporate Debtor is LLP incorporated on 31-8-2016 under the provisions of Limited Liability Partnership Act, 2008 and having its Identification Number AAH-2730, having its registered office at L-II-143-B LG Flat Kalkaji, New Delhi-110019. 4. The Applicant has stated that the corporate debtor engaged the applicant by placing various purchase orders for supply of polymers, which was to be delivered at Ahmadabad metro site. It is stated that both the parties had agreed to allow a credit of thirty days from the date of invoice generated on the corporate debtor. The applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we are committed earlier, in the meeting held in Delhi we would do the payment upon receiving the payment from TATA projects, Ahmedabad Metro . 9. It is submitted by the applicant that even after assuring the payment in their reply no payment was made by the corporate debtor. 10. Hence, the Applicant filed present Application under section 9 of IBC, 2016 and served the copy of this application which is duly delivered to the Corporate Debtor as per the affidavit of service filed by the applicant. 11. The Corporate Debtor has replied to the application and has contended that the material supplied to the corporate debtor by the applicant was sub-standard and because of which the consumption of the material was abnormally more than req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r had failed to comply with it and therefore the settlement between the parties had lapsed. It is submitted that the applicant had sent a reminder email for recovery of the complete dues on 27-3-2019 i.e. after the expiry period of the settlement letter, but no response from corporate debtor to the said reminder is received till date. 15. Considering the documents on records and submissions of counsels, it manifests that the corporate debtor has tried to create and raise a pre-existing dispute by asserting the sub-standard services were rendered by the applicant and was raised only after application filed under section 9. 16. The corporate debtor has not placed on record any document which exhibits the plausible dispute between the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tmail.com) (Mobile No. 9871777133) as the Interim Resolution Professional subject to the condition that no disciplinary proceedings are pending against such an IRP named who may act as an IRP in relation to the CIRP of the Respondent and specific consent should be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and make disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016 within a period of one week from the date of this order. 21. We direct the Operational Creditor to deposit a sum of ₹ 2 lacs with the Interim Resolution Professional, namely Mr. Dharm Vir Gupta to meet out the expense to perform the functions assign ..... X X X X Extracts X X X X X X X X Extracts X X X X
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