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TMI Blog2021 (5) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... - IB-1623/(ND)/2019 - - - Dated:- 19-4-2021 - P.S.N. Prasad, Member (J) And Dr. V.K. Subburaj, Member (T) ORDER Dr. V.K. Subburaj, Member (T) 1. This is a petition filed by the Petitioner/Operational Creditor M/s. Emgreen Impex Limited seeking to initiate CIRP against M/s. ANR International Pvt. Ltd. the Respondent/Corporate Debtor for the alleged default on the part of the Corporate Debtor in settling an amount of ₹ 1,12,99,101/- alongwith interest of ₹ 33,76,950/- as on the date of default towards the goods supplied by the Operational Creditor. The details of the transactions as averred by the petitioner are as follows:- i. That officials of the company had various meeting with Petitioner and its authorized representative/officer pursuant to buying the good from Petitioner and after consultation with each other regarding price of goods, quality of goods and quantity of goods had purchased the goods from its place of business at H-1419, DSIDC, Narela, Delhi-110040 and G241, Sector 63, Noida, Gautam Budh Nagar, UP from time to time. ii. Pursuance to orders placed by Respondent, Petitioner had sold the material directly from their Business premi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- and a total sum of ₹ 1,46,76,051/- is due to Operational Creditor plus future interest. viii. Operational Creditor had made effort and met several times to the Corporate Debtor. However, despite assurances and promises, nothing happened and ultimately a legal notice of demand dated 27.02.2019 dispatched on 28.02.2019 demanding the entire payment with interest was sent by post to Operational Debtor and its directors and authorized person copies of such notices and the evidence of the Postal Department i.e. track record are annexed alongwith. The said legal notice served on Operational Debtor as per Postal Track record. The Respondent had replied to said legal notice vide their letter dated 08.03.2019 wherein it had been said that the amount are disputed and objected by them. Further submitting that as per them there is NIL amount payable to Operational Creditor and rather there is outstanding balance recoverable by them for ₹ 85,066/-. It is further submitted prior to this reply letter dated 08.03.2019 of Respondent nothing was heard by, unfounded and does not reflect a pre-existing real dispute. The reply sent is wrong, hypothetical and without any bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oiced amount of ₹ 1,13,84,168/- and on the date of issuance of the Section 8 Demand Notice, an amount of ₹ 85,067/- stands due and payable by the Applicant to the Respondent. The details of the invoices raised by Respondent No. 1 to the Applicant are as follow: Furthermore, Respondent No. 1 has also duly filed its GST return with the GST Department duly reflecting the afore-mentioned invoices. vii. The Applicant has accepted the said good and invoices and has never raised any dispute in respect of the quality of the goods supplied. The Respondent has demanded release of payment from Applicant several times but the Applicant has always avoided giving any commitment and has promised to make partial payments and set-off the amounts on the next order placed by the Respondent on the Applicant, exploiting the goodwill and existing and continuing business relations between the parties. viii. That only due to souring of relations between the parties, the Applicant has fraudulently issued the demand notice dated 27.02.2019. The Respondent has duly raised the above averments and challenged the claim of the Applicant, in the reply dated 08.03.2019. ix. Sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill No. 6 dated 14.06.2018 for ₹ 18,90,360/-; Bill No. 7 dated 14.06.2018 for ₹ 18,90,360/-. The same are not even as per Rule 46(b) of the CGST Rules, 2017 read with Section 31 of the CGST Act. ii. Petitioner name is M/s. Emgreen Impex Ltd. for which CGST Certificate describes the address of Petitioner Office in Delhi address is H-14 19, DSIIDC, Narela, North West Delhi. The sale of goods vide above bills had been made in the name of M/s. Emgreen Impex Pvt. Ltd. at address Plot No. 67, DSIDD, Pockets--D, Sector-3, Bawana Delhi-110039. Neither the same is name of Petitioner nor the address as shown in Bills is of Petitioner. Hence name as well as address is different. iii. The manipulation is further apparent on the face of these Bills and GRs. Firstly all the Bills seems not to be of regular series of sales of Respondent and it is surprising till June, 2018 he had only made sales Bills to only Appellant as for Bill No. 002 to Bill No. 7 are all sales of such huge quantity which are alleged to be made in same day to Petitioner which is against human probabilities and against facts. The series deployed is against Rule 46(b) read with Section 31 of the CGST Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he faulty procedures followed by the Corporate Debtor in sending the invoices to a different company address, lack of proof for delivery of the materials, sending the materials on a single day which is humanly impossible, using the cranes instead of Trucks and the offences committed by the Corporate Debtor in the CGST Act which amount to committing fraud on the Petitioner/Operational Creditor besides misleading this Tribunal. Prima facie the contentions made by the Operational Creditor in the rejoinder appear to be correct as he has provided adequate documentary evidence to prove his allegations. In the above circumstances this Tribunal rejects the contentions made by the Respondent/Corporate Debtor in its reply and is convinced that the Petitioner has adequately proved the existence of debt and default on the part of the Corporate Debtor and initiates CIRP on the Respondent. 7. A moratorium in terms of Section 14 of the Code is imposed forthwith in following terms: (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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