9911796707
TMI Blog2019 (2) TMI 1852X X X X Extracts X X X X X X X X Extracts X X X X ..... given a credit to the Corporate Debtor, which is evident from the statement of account of Financial Creditor, from which amount has been transferred to the Operational Creditor s account. It is pertinent to mention that only by transferring amount to the account of Corporate Debtor, a person cannot claim to be a Financial Creditor. There are no documents to prove a financial debt. Instead of opposing these contradictions, the Corporate Debtor has admitted the liability to pay. On perusal of the record, it appears that the petition is collusive - petition dismissed. - CP 3006/IB/NCLT/MB/MAH/2018 - - - Dated:- 8-2-2019 - Hon ble Mr V. P. Singh, Member (Judicial) And Hon ble Mr Ravikumar Duraisamy, Member (Technical) For the Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued two cheques on 11.4.2014 of ₹ 60,00,000/- and ₹ 40,00,000/- respectively which came to be encashed by the corporate debtor on 11.4.2014. 7. In part V in the column of Particulars of Financial Debt [Documents, Records and Evidence of Default] of the form 1, under the list of other documents attached to this application, the Petitioner has mentioned a statutory notice dated 4th may 2018 under section 9 of IBC. 8. The Petitioner has annexed the following documents to the petition: a) Bank Statement of Financial Creditor for the month of April, 2014 showing debits of ₹ 60,00,000/- and ₹ 40,00,000/- on 11.4.2014. b) Confirmation Letters from the Corporate Debtor to the Financial Creditor for the years 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the unpaid operational debt in terms of IBC. 10. The Respondent has filed a reply dated 12.12.2018, stating a) The petition is misconceived and not maintainable. b) A private direct loan of ₹ 1,00,00,000/- through cheques was availed by the Corporate Debtor for a period of 5 years at the interest rate of 16%. c) Confirmation letters for the FY 2014-15, 2015-16, 2016-17 and 2017-18 were issued in favour of the Petitioner on account of the outstanding dues as per the Respondent s books of accounts. d) Advocate s notice dated 6.5.2017 was addressed to the Respondent by the Financial Creditor to clear the dues. e) The Respondent replied to the Advocate s notice informing the financial creditor that the Corporate Debtor c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Financial Creditor and debt as Financial Debt. Petitioner s claim is totally based on the oral submission that he has given a credit to the Corporate Debtor, which is evident from the statement of account of Financial Creditor, from which amount has been transferred to the Operational Creditor s account. It is pertinent to mention that only by transferring amount to the account of Corporate Debtor, a person cannot claim to be a Financial Creditor. There are no documents to prove a financial debt. 13. There are prima facie contradictions in the petition as the petitioner has sent a demand notice treating the debt in question as operational debt as well as a letter treating it as financial debt. 14. Instead of opposing these contradicti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
