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TMI Blog2019 (12) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank in compliance with the requirement of Section 9(3)(c) of the IBC 2016. The present application is complete and the Operational Creditor is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt, and fulfillment of requirements under section 9(5) of the Code. Hence, the present application is admitted. Application admitted - moratorium declared. X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Respondent, the amount was adjusted against the invoices on FIFO basis. The Applicant issued total invoices amounting to ₹ 26,51,303/- (Rupees Twenty Six Lakhs Fifty One Thousand Three Hundred Three), out of which a debit notes were also issued by the Respondent amounting to ₹ 19,788/- (Rupees Nineteen Thousand Seven Hundred Eighty Eight), for "Lack of Quantity" during the period 16.03.2018 to 17.04.2018. Hence the total dues are ₹ 25,85,612/- (Rupees Twenty Five Lakhs Eight Five Thousand Six Hundred Twelve). 5. In spite of various requests made and reminders sent by the Applicant, the respondent did not reply. On failure to pay the outstanding dues by the Respondent, the applicant sent a demand notice d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tracking report, along with email, showing the delivery status has been annexed along with the application. 10. After the service of said notice, the respondents have caused appearance in the matter and have filed their reply, in its reply to the present section 9 application, the respondent states that after few months of satisfactory supply of the raw materials, the Operational Creditor had demanded arbitrary and discriminatory increase in the prices of the raw material/fuel supply. It is submitted that the price of the raw material/fuel was ₹ 2,650/- per ton initially as on 30.10.2017, which was increased to ₹ 3,200/- per ton on 08.11.2017, thereafter increased to ₹ 3,300/per ton on 20.11.2017 and further increased s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Operational Creditor about the low quality issues and discrepancies in the material, but also communicated about all the aforesaid discrepancies/factors to the Operational Creditor from time to time. It is pertinent to mention herein, that despite the regular follow-up and alerts by the Respondent, not a single effective step was ever taken by the Operational Creditor to maintain the fuel quality as per the standard conditions. On the contrary, instead of maintaining quality, the Operational Creditor continued to increase the fuel prices. 13. In its rejoinder the applicant states that, there was no prearrangement of the sort regarding the quality of goods to be supplied as has been wrongly stated in the said reply. The Corporate Debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Once the debt is shown as due it is for respondent to prove that there are no outstanding dues to be paid to the applicant. There has been much cloud in the submission of the respondent. Therefore, without any specific details of material particulars or evidence the fact of existence of a dispute cannot be sustained. 15. In "Innoventive Industries Ltd., (Supra)", the Hon'ble Supreme Court held that pre-existing dispute is the dispute raised before demand notice or invoices was received by the 'Corporate Debtor'. Any subsequent dispute raised while replying to the demand notice under Section 8(1) cannot be taken into consideration to hold that there is a pre-existing dispute. 16. In "Mobilox Innovations Pvt. Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted. 19. The registered office of respondent is situated in New Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 20. The Applicant has proposed the name of Interim Resolution Professional as Mr. Anjum Goyal. In view of the same, this Bench appoints the same Mr. Anjum Goyal, having registration No. IBBI/IPA-002/IP-N00251/20I7-2018/10765, email address is [email protected] and contact number is +91-9818812226, as the IRP of the Respondent. The IRP is directed to take all such steps as are required under the statute, more specifically in terms of Sections 15,17,18,20 and 21 of the Code. 21. We direct the Operational Creditor to deposit a sum of ₹ 2 lacs with the Interim Resolution Profes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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