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TMI Blog2021 (9) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... dicating Authority disposed of the Application filed by the Appellant herein under Section 9 of the IBC Code, 2016 (Insolvency and Bankruptcy Code, 2016). (2) Aggrieved by the said Order the present Appeal is filed by the Appellant challenging the Order of the Adjudicating Authority on the ground that the Application filed by the Appellant/Operational Creditor should have been allowed and admitted as there is no pre-existing dispute in respect of the claim made by the Operational Creditor. The Application filed by the Appellant was complete and defect free. Brief Facts :- (3) Shri. Rakesh Mohan Sharma (PCS) appearing for the Appellant submitted the brief facts. (4) He submitted that the Appellant received the 'Purchase Order' dated 11.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in order to get the Form-C. (8) Having effected 'Service of Notice' on the Respondent and having acknowledged the receipt of 'Notices' with regard to the filing of Application under Section 9, the Respondent willfully did not appear before the Hon'ble Adjudicating Authority and the Hon'ble Adjudicating Authority instead of admitting the Application by initiating 'Corporate Insolvency Resolution Process' disposed of the Application with a direction to the Respondent to settle the claim of the Appellant as promised within a period of 3 months from the date of receipt of copy of the Order. (9) The Learned PCS submitted that the Hon'ble Adjudicating Authority ought to have admitted the Application, however the same was disposed of with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the landline number and the mobile number of the Respondent. Along with the 'Affidavit of Service' the postal receipts are also enclosed evidencing the Notice sent by 'Speed Post'. Further the Appellant enclosed a Letter/Notice addressed to the Respondent along with the Order of this 'Tribunal' dated 06.08.2021. The Appellant also provided the 'Service of Notice' through e-mail. This 'Tribunal' satisfied the effect of 'Service of Notice' and compliance of the Order of this 'Tribunal' dated 06.08.2021. Having effected 'Service of Notice' on the Respondent, the Respondent failed to appear before this 'Tribunal' on the date notified in the Order dated 06.08.2021 i.e., 02.09.2021 either in person or through its representatives, this 'Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t page 88).
3 November 2020 at 16:00
From: muhlenba [mailto:[email protected]]
Sent: Tuesday, November 3, 2020 3:47 PM
To: SUPRIYA TIWARI X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Adjudicating Authority, the Adjudicating Authority ought not to have directed the Respondent to settle the claim of the Petitioner within a period of 3 months from the date of receipt of the copy of the Order. Further, the Learned Adjudicating Authority observed that the Application filed by the Appellant/Applicant is with an intention to recover an alleged balance amount, which is against the object of Code, and the settled position of the law. This Tribunal is of the view that the said finding is patently illegal and unreasonable. Further, the Learned Adjudicating Authority in the Impugned Order observed that the Respondent has paid part payments with an assurance to clear the balance in short time. The said observation is also il ..... X X X X Extracts X X X X X X X X Extracts X X X X
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