9911796707
TMI Blog2018 (8) TMI 2045X X X X Extracts X X X X X X X X Extracts X X X X ..... has amply made it clear both in its application and its rejoinder the feeble attempts made by the Respondent in claiming that it has suffered a loss due to the negligence of the Applicant. The Applicant has also exposed how the Respondent has back dated the notice for conciliation of disputes and tried to escape from the provisions of the Code as is seen from the tracking reports submitted by the Applicant company. The respondent has not come to this Tribunal with clean hands and this attitude is highly condemnable. if the Respondent had good intentions it would have settled the amounts due to the Applicant minus the disputed amount, instead it has adopted devious ways which is not acceptable. Hence the arguments put forth by the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost and registered post. The above said notice has been delivered to the Respondent on 07.09.2017. The details of the delivery status report obtained from the said website has been placed on record. In addition to the speed post and registered post, the Applicant has sent the notices through email also on As per the report Of delivery obtained from the website of India Post, the notices were delivered to the Respondent and its directors on 07.09.2017. ii. The Applicant states that instead of making payment to the Applicant, the Respondent with ulterior motives, issued a letter purporting to be on 01.09.2017 inviting the Applicant solve the dispute and differences by way of conciliation proceedings as per Section 62 of the Arbitration and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shakarpur Post Office, New Delhi. 2. The Respondent company has filed its reply on 27.12.2017 in which he has contended as follows: i. The Respondent and the Applicant had entered into an agreement dated and as per the terms of the agreement, the Applicant was providing shipping, logistics and custom house clearing services as service provider to the Respondent. ii. The Respondent incurred a loss of ₹ 5,69,734 ( ₹ 1,43,507 towards Duty Drawback and ₹ 4,26,277 towards VKUY) on account of the negligence on the part of the Applicant and for this the Respondent has sent a Debit Note No. SSMP/DN/17- 18/003 dated 31st August 2017. The Applicant vide its email dated 19.04.2016 and had admitted the negligence on its part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as the Customs department has cleared that duty drawback pertaining to the shipping bills raised by the Respondent. v. The claim raised by the Respondent relating to the benefit of VKUY is also false as there was no such benefit available to the exporters at the time when the consignment was dispatched by the Respondent company. 4. We have gone into the details of the case records filed by both the parties and heard their arguments. The fact that there exists a debt of ₹ 16,95,406.31 owed by the Respondent to the Applicant and the default is amply proved as seen by the documents submitted by the Applicant on pages 79-85 of his petition. The important aspect to be seen here is whether there is a pre-existing dispute raised by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itten - communication -in the format prescribed under Form 2 or the Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rules, 2016 has been filed by the proposed interim resolution professional. As a consequence of the application being admitted in terms of Section 9(5) of IBC, 2016 moratorium as envisaged under the provisions of Section 14(1) and as extracted hereunder, shall follow in relation to the Corporate Debtor: (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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