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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 ..... unt, 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 illegal without application of mind. It is a settled Law that when a debt and default is proved, the Adjudicating Authority has to admit the Application and initiate Corporate Insolvency Resolution Process against the Corporate Debtor otherwise it is complete. The Learned Adjudicating Authority having noticed that there is a debt and default, passed the Impugned Order which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appellant submitted the brief facts. (4) He submitted that the Appellant received the Purchase Order dated 11.03.2016 from the Respondent for supply and commissioning of automation and control systems, PDB for wheat Silo storage unit at Bengaluru amounting to ₹ 33,00,000/- plus taxes. The Appellant supplied goods and raised 2 invoices both dated 09.12.2016 aggregating to ₹ 37,86,750/-. The Respondent accepted the supplies and invoices without any issue or demur but made only part payment of ₹ 18,06,779/-. The Appellant received initial advance amount of ₹ 6,60,000/- along with Purchase Order . Further the Respondent made ₹ 5,00,000/- against the outstanding due and promised to clear the remaining balan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Learned PCS submitted that the Hon ble Adjudicating Authority ought to have admitted the Application, however the same was disposed of with the above direction. Even after disposing of the Application, the Appellant served the copy of the Order on the Respondent. However, there is no response from the Respondent nor paid the dues to the Appellant. In view of the reasons as stated above, the Learned PCS prayed this Bench to allow the Appeal by setting aside the Impugned Order and directing the Adjudicating Authority to admit the Application. Appraisal :- (10) Heard the Learned PCS for the Appellant. This Bench by Order dated 06.08.2021 directed the Appellant to send Notice through Speed Post returnable by 02.09.2021. Furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Tribunal proceeded to hear the matter. (14) From the perusal of documents filed along with this Appeal, the Respondent issued Purchase Order to the Appellant. The Appellant also issued invoices to the Respondent claiming the amount. Further the Appellant vide e-mail dated 06.06.2019 in Annexure 5 at page 54 of the Appeal Paper Book(s), wherein it is stated that the Appellant supplied material for ₹ 33,00,000/- plus duties and taxes against the invoices dated 09.12.2016. The value of both the invoices is ₹ 37,86,750/-. It is stated in the e-mail tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d give us a credit note for the same. Once you have this cleared we shall send you the C form immediately. On Tue, 3 Nov 2020 at 14:06, SUPRIYA TIWARI [email protected] wrote: Gentle Remainder Mail Dear Sir, Waiting for your valuable response. An early action is requested sir. Thanks Regards, SUPRIYA TIWARI (15) From the above e-mail, the Respondent stated that the work has not been completed to its satisfaction and stated that the Form C shall be issued when the Appellant withdraw the case and give them a credit note for the same. From the above e-mail it is crystal clear that the Respondent is having the knowledge of filing of the Application before the Adjudicating Authority and also having th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal 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 illegal without application of mind. It is a settled Law that when a debt and default is proved, the Adjudicating Authority has to admit the Application and initiate Corporate Insolvency Resolution Process against the Corporate Debtor otherwise it is complete. However, the Learned Adjudicating Authority having noticed that there is a debt and default, passed the Impugned Order which is non-application of mind and accordingly this Tribunal is of the view that it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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