9911796707
TMI Blog2021 (10) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... and final settlement in three equal instalments that too by end of September 2016 - The subsequent email also clearly proves that the Corporate Debtor has assured clearance of the pending dues of the Operational Creditor which was withheld by the Corporate Debtor due to some technical quarries raised by their Higher Officers. This bench has no hesitation in holding that the Corporate Debtor has miserably failed to prove and demonstrate the existence of any pre-existing disputes between the parties and no presumption of pre-existence of disputes can be inferred from the reply filed by the Corporate Debtor in the present company petition. Unless this tribunal after applying its mind comes to the conclusion that the plea of pre-existence o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y) Rules, 2016. 2. The brief facts of the petition are stated hereinbelow: a. The Soril Infra Resources Ltd. (Operational Creditor) is a company with registered office at M62 63, 1st Floor, Connaught Place, New Delhi - 110001 and where the Respondent (Corporate Debtor), New Consolidated Construction Co. Ltd. is a Company with registered office at Rahim Tola House, 7 Homji Street, Fort, Mumbai -400001. b. The Corporate Debtor approached the Operational Creditor seeking the quotations with respect to works pertaining to the installation and operation and maintenance of the captive Ready-Mix Concrete (RMC) plant supply of RMC for the project of construction of residential building at Chennai for Embassy Residency. c. The Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit. b. The Corporate Debtor has never admitted to pay the alleged claim amount to the Operational Creditor. In fact by mere perusal of the emails relied upon by the Operational Creditor; it becomes amply clear that the Corporate Debtor has never agreed to make the purported payments to the Operational Creditor. Therefore, the instant application is liable to be dismissed. c. The sum/monies claimed by the Operational Creditor on account of diesel for non-production quantity was never agreed upon and was always disputed by the Corporate. A reference can be made to the email dated 16th August, 2016. There is not proof much less documents produced by the Operational Creditor to substantiate the alleged claim for diesel on non- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reply after verifying the ledger of Operational Creditor in their books of accounts. It is an admitted fact from the record that the said letter was addressed by the Corporate Debtor to the Operational Creditor beyond the statutory time of 10 days. Subsequent to the above referred letter, the Corporate Debtor did not issue any reply bringing to the notice of the Operational Creditor. a. existence of a dispute, [if any, or] record of the pendency of the suit or arbitration proceedings filed before the receipt of such notice or invoice in relation to such dispute; b. the [payment] of unpaid operational debt- i. by sending an attested copy of the record of electronic transfer of the unpaid amount from the bank account of the corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding dues of the Operational Creditor which was withheld by the Corporate Debtor due to some technical quarries raised by their Higher Officers. 11. Under the above referred facts and circumstances this bench has no hesitation in holding that the Corporate Debtor has miserably failed to prove and demonstrate the existence of any pre-existing disputes between the parties and no presumption of pre-existence of disputes can be inferred from the reply filed by the Corporate Debtor in the present company petition. Unless this tribunal after applying its mind comes to the conclusion that the plea of pre-existence of disputes raised by the Corporate Debtor is not a palpable defence and requires some investigation, the plea of pre-existence cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bankruptcy Code, 2016. (c) The Operational Creditor shall deposit an amount of ₹ 2 Lakh towards the initial CIRP cost by way of a Demand Draft drawn in favour of the Interim Resolution Professional appointed herein, immediately upon communication of this Order. (d) That this Bench hereby prohibits 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; transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; any action to foreclose, recover or enforce any security intere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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