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TMI Blog2021 (3) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... he above facts, it is to be held that the goods were supplied by inordinate delay - The operational creditor vide letter dated July 25, 2017 acknowledged short fall of the goods, which was prior to the demand notice but the fact remained on record is that later on the remaining goods were supplied by the operational creditor and corporate debtor accepted the same without any protest. It shows that the corporate debtor gave us its dispute relating to late delivery and now they cannot use that fact as defence. Service of Demand Notice - HELD THAT:- It is now well-settled law that delivery of demand notice under section 8 of the Insolvency and Bankruptcy Code, 2016 is sine qua non for initiating the corporate insolvency resolution process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s P. Ltd., to initiate corporate insolvency resolution process against the corporate debtor M/s. Raj Rajeswari Sugar P. Ltd., on the ground that the corporate debtor committed default in paying the operational debt of ₹ 13,24,748 (rupees thirteen lakhs twenty four thousand seven hundred forty eight only). 2. The following facts are not in dispute wide purchase order dated December 13, 2016 (annexure v). The corporate debtor requested operational creditor to supply One Complete Cane Unloader. With the said purchase order the operational creditor gave post-dated cheques (in short PDC ) of ₹ 11,15,525. By invoice No. 6, dated July 5, 2017 the operational creditor supplied the materials which was received by the corporate debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt loss (ii) they already raised to dispute about the later delivery of the goods prior to the demand notice, (iii) the operational creditor did not served the demand notice under section 8 of the Insolvency and Bankruptcy Code, 2016. Hence, this application is not maintainable. 6. We have heard learned counsel Ms. Noopur Dalal for the operational creditor and learned counsel Mr. Jaimin Dave for the corporate debtor at length. They also submitted their written notes of arguments. 7. It is not in dispute that the operational creditor supplied the material sought for by the corporate debtor. Some of the materials delivered after 9 months from the date of purchase order. In purchase order the said material was claimed within 15 days from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Services P. Ltd. v. Indiaontime Express P. Ltd. [2019] 216 Comp Cas 61 (NCLAT), (b) Rajesh Arora v. M. Y. Agro P. Ltd. reported in [2018] 145 SCL 44 (NCLAT), and (c) Rama Sanjay Builders and Contractors P. Ltd. v. Kukreja Rubber Mills P. Ltd. [2018] 147 SCL 445 (NCLAT) 10. We have gone through all the order(s) relied by learned counsel for the corporate debtor. We note that the facts and evidences were altogether different. In some of the cases, the demand notice was sent but not delivered because of shifting of registered office of corporate debtor. In some other cases notice was served for some other reasons. 11. It has consistently been hold by the hon'ble National Company Law Appellate Tribunal that non-delivery of the demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution professional for appointment as the IRP and left to the discretion of this Adjudicating Authority. We admit the corporate insolvency resolution process (CIRP) under section 9 of the Insolvency and Bankruptcy Code, 2016 and proceed to pass following order : Order 1. The application is admitted and the moratorium is declared for prohibiting all of the following in terms of section 14(1) of the Code. (a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment; decree or order in any court of law, Tribunal, arbitration panel or other authority ; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o make public announcement of initiation of corporate insolvency resolution process (CIRP) and call for submission of claims under section 15 as required by section 13(1)(b) of the Code. 5. The order of moratorium shall have effect from the date of receipt of authenticated copy of this order till the completion of the corporate insolvency resolution process or until this Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor company under section 33 of the Insolvency and Bankruptcy Code, 2016, as the case may be. 6. It is further directed that the supply of goods/service to the corporate debtor company, it continuing, shall not be terminated or sus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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