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TMI Blog2018 (10) TMI 1892X X X X Extracts X X X X X X X X Extracts X X X X ..... corporate debtor has not admitted the claim made by the petitioner. In this background, only one conclusion that could be drawn is the petitioner failed to prove the existence of debt. The first essential proof required to admit the case is existence of debt, which the petitioner failed to do, therefore the petition shall be dismissed. - CP/1029/IB/2018 - - - Dated:- 25-10-2018 - B. S.V. PRAKASH KUMAR, MEMBER (JUDICIAL) AND S. VIJAYARAGHAVAN, MEMBER (TECHNICAL) For the Petitioners: Mr. S. Aravidan, Advocate And Mr. P. T. Kannan, Advoate For the Respondent: Mr. P. Gopalakrishnan, Advocate And Mr. B. R Shakaralingam, Advocate ORDER PER: B. S.V. PRAKASH KUMAR, MEMBER (JUDICIAL) It is a Company Petition, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Petitioner ought to have attached copies of invoices demanding payment along Form-4, but the petitioner has only given list of details of invoices without producing the copies of the invoices for which claim has been made. Besides this, the Corporate Debtor's Counsel stated that as to Form-4, it was issued on 22.05.2017, whereas in the Form-5, the petitioner has mentioned as Section-8 notice was given on 21.09.2017. These dates are in variation to each other. The Debtor Counsel says that this petition with these Inherent inconsistencies shall not be admitted and it has to be rejected u/s 9 (5) (ii) of the Code. 4. On hearing the submissions of either side, it is clear that this petitioner has neither served copies of invoices upon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d along with Section 9 Petition, now the point for clarification is whether petition is maintainable dehors furnishing copies of invoices, which alone prove supply of goods to the corporate debtor. 9. In Rule-6 of Adjudicating Authority Rules, it has been envisaged that Operational Creditor shall make an application for initiation of CIRP against the Corporate Debtor u/s 9 in Form-5, accompanied with documents and records required as specified in the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, this being the guidance to accept the petition, let us see what these Regulations say about the documents to be filed along with the application. 10 . In Regulation-7, to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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