9911796707
TMI Blog2021 (8) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... tor failed to honour payment due under the invoice. The Operational Creditor issued statutory demand notice under Section 8 of the code calling upon the Corporate Debtor to pay the outstanding liability. The Corporate Debtor having received of the said notice neither sent any reply nor cleared the amount. The Operational Creditor annexed the copy of the demand notice and also track report of the postal department evidencing the receipt of the demand notice by the corporate Debtor - this Tribunal is completely satisfied that the debt and default are established in this case and the debt is also within limitation. It is also evident from the conduct of the Corporate Debtor that he is accepting the liability. Thus, the present Company Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbai by way Work Order No. GOPEC/TGPL/BPCL/CCUS/D/001/2018, dated 10.04.2018 the total value of the work order ₹ 35,00,000/- excluding GST. ii. The applicant completed the work given to them on 10.05.2018 and submitted a bill for the work they had done on 18.05.2019 and thereafter, they have sent a Copy of Invoice in No. SI-CN-J18-0007 to the Respondent for ₹ 41,30,000/- (Rupees Forty-One Lakhs and Thirty Thousand Only), inclusive of GST on 17.05.2018. iii. During 02.06.2018 to 01.02.2019 the applicant sent emails demanding the unpaid amount of ₹ 41,30,000/- and the reply emails from the respondents for requesting time for payment of the debt, which proves that the Respondent has accepted the amount to be paid to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time but did not choose to file any reply. On the other hand, on 14.11.2019 when the matter was listed on board, both sides requested for an adjournment on the ground that there is a possibility of settlement. 4. on 29.07.2021, when the matter was finally listed for arguments, Mr. Raju Nair, Director of the Corporate Debtor was present and did not make any representation either regarding the settlement or opposed for admission of the above Company Petition. 5. The counsel appearing for the Operation Creditor also requested for adjournment on 29.07.2021 on the ground that the senior counsel is engaged in arguing the bail petition before some other court. Therefore, this Tribunal directed the petitioner to file written submissions withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ettlement. Admittedly, the work order and invoices relates to 2018-19 and the Company Petition being filed on 21.08.2019 is within limitation. Upon perusing the above documents, this Tribunal is completely satisfied that the debt and default are established in this case and the debt is also within limitation. It is also evident from the conduct of the Corporate Debtor that he is accepting the liability. Thus, the present Company Petition satisfies all the necessary requirements for admission. 8. Under these circumstances, this tribunal is of the considered opinion that the above company petition is liable to be admitted and accordingly the same is admitted by passing the following: ORDER a. The above Company Petition No. (IB) - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor. e. That the supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. f. That the provisions of sub-section (1) of Section 14 shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. g. That the order of moratorium shall have effect from the date of pronouncement of this order till the completion of the cor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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