9911796707
TMI Blog2020 (12) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 - the petitioner has put on record 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 place during the period from 18.12.2015 to 04.03.2016. The application, so filed by the applicant is not maintainable - Petition dismissed. - C. P. No. (IB) 702/9/NCLT/AHM/2019 - - - Dated:- 4-9-2020 - Manorama Kumari, Member (J) And Chocklingram Thirunavukkarasu, Member (T) For the Appellant : Natasha Shah, Advocate O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hundred six only) which include interest @ 18% per annum works out to ₹ 12,87,106.00 (Rupees twelve lacs eighty-seven lacs one hundred six only), is due and payable by the respondent. 5. The petitioner has further stated that having failed to recover the operational debt as stated above, the petitioner had issued demand notice under section 8 of the I B Code in form 3 on 27th August, 2019. 6. In support of its claim, the applicant has annexed to the application viz. copy of invoices, demand notice, affidavit in support of the application, proof of service, computation chart of outstanding, correspondence between the two parties requesting to release payments, e-mail communication, ledger account maintained by the operational ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04.03.2016 10. On perusal of the records it is found that the petitioner has failed to put on record purchase order, lorry receipt, acknowledgement of receipt of goods etc. which are vital documents required for corroborating its claim. 11. On perusal of the record it is found that in part IV of form 5 (page 3), the petitioner has admitted that the debt has fallen due on 17.02.2016. The petitioner has annexed self-prepared computation (page 37) of the respondent company for the period from 01.04.2015 to 31.07.2019, wherein entry dated 10.11.2017 shows that the petitioner has received ₹ 50,000/- by way of cash from the respondent, but, no document/proof like receipt/voucher (voucher No. 1) has been pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
