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TMI Blog2020 (12) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... thority) Rules, 2016 [hereinafter referred to as "the Rules"], as operational creditor/applicant. 2. It is submitted that the applicant/operational creditor is proprietary concern of Mr. Shankarlal Goverdhanlal Inani carrying out the business of supply of various types of hydraulic system and boiler tubes having permanent account No. ACPPS131OJ. 3. The respondent/corporate debtor is a company registered under the Companies Act, incorporated on 30.09.2014 having identification No. U29222GJ2014PTC080958 and having registered office at Junagdh Kheda, Gujarat State. Authorised share capital of the respondent company is Rs. 1,00,000/- and paid up share capital is Rs. 1,00,000/-. The respondent company is in the business of manufacturing of spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, despite giving number of opportunities neither the respondent remained present in person nor filed any reply. It is found that service is effected upon the corporate debtor and paper publication has also been made, hence, the service is complete. Therefore, the matter is heard in absence of the respondent. 9. On perusal of the record it is found that the petitioner has kept reliance and placed on record the following four (4) tax invoices (page No. 38 to 41) against which the claim has been made and the instant petition has been filed. Sr. No. Book No. Bill No. Challan No. Date 01 01 04 04 18.12.2015 02 01 06 06 05.01.2016 03 01 97 07 02.02. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date of the last invoice. Therefore, the instant application is barred by limitation. 13. On perusal of the record it is found that the petitioner has claimed interest @ 18% per annum. It is found that the petitioner has failed to put on record any document in support of its claim that interest @ 18% will be levied upon the default, more so when the tax invoice is silent on such aspect, claim of the petitioner is bad in the eye of law. 14. On perusal of the records it is found that the petitioner has put on record (page 54-56) certificate/statement from the bank to the effect no payment is received through RTGS/NEFT during the period from 27.08.2019 to 16.09.2019 which has no relevance with the claim since the transactions had taken pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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