9911796707
TMI Blog2021 (11) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount claimed which is below Rupees One Crore, this application cannot be entertained. The last date of payment of ₹ 25,000/- was made on 20.08.2020, this will come under the preview of Section 10A of IBC, 2016. Application dismissed. - CP (IB)/04/KOB/2021 - - - Dated:- 6-10-2021 - Ashok Kumar Borah, Member (J) And Rajesh Sharma, Member (T) For the Appellant : Nidhi Sam John, Advocate For the Respondents : Merin Taliath, Advocate ORDER DECISION Rajesh Sharma, Member (T) 1. This application has been filed by the proprietor of M/s. Srija Polymers, Mr. Kamalesh Gupta (hereinafter referred as 'Operational Creditor') under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e supply of Fillers and PP Enhancer, and the Operational Creditor had supplied the same to the Corporate Debtor and there was no dispute at the time of delivery of the goods or thereafter relating to the quantity and quality of goods but the Corporate Debtor failed to make the payment for the outstanding invoice dated 28.12.2017. The Operational Creditor had raised an invoice amounting to ₹ 6,59,920/- (Rupees Six Lakh Fifty-Nine Thousand Nine Hundred and Twenty Only) being the remaining outstanding, till the date of demand notice i.e., 05.08.2020 but after the issue of demand notice Corporate Debtor had credited ₹ 25,000/- (Rupees Twenty-Five Thousand Only) on 20.08.2020 in the account of the Operational Creditor and left with t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reditor. It is also stated that the Corporate Debtor had raised a purchase order dated 22.12.2017. The Operational Creditor had supplied partly defective goods and the same had been entered in the delivery note. Further to the same the Corporate Debtor had also raised the issue directly to the Operational Creditor regarding the defective goods. The Operational Creditor raised an invoice on 28.12.2017 for an amount of ₹ 6,59,620.00/- (Rupees Six Lakhs Fifty-Nine Thousand Six Hundred and Twenty Only) and in the terms of the dispute raised, the Operational Creditor had sent a representative to verify the same in January 2018 and on assessing the defective goods, it was agreed that the defective goods would be collected and the balance am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following case laws and sought dismissal of the application:- Swiss Ribbons Pvt. Ltd. Another Vs. Union of India Others (Writ Petition (Civil) No. 99 of 2018). K. Kishan Vs. Vijay Nirman Co. Pvt. Ltd. (Civil Appeal No. 21824 of 2017). S.T. Sahib Vs. Hassan Ghani Sahib (AIR 1957 Mad 646). Rejoinder by the Operational Creditor 9. The Operational Creditor filed rejoinder stating that the outstanding debt and default are supported with proper documents in the application. It is also stated that the allegation regarding the supply of defective goods have been raised for the first time and are not supported by any letter or e-mail issued by the Corporate Debtor to the Operational Creditor. The demand notice dated 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of ₹ 25,000/- made by the Corporate Debtor on 20.08.2020 as stated in the counter affidavit is fastening the burden of acknowledging the liability upon it. 13. We have heard the arguments advanced by the learned counsel for the Operational Creditor and the learned counsel for the Corporate Debtor. The main argument advanced by the learned counsel for the Corporate Debtor is the maintainability of this application before this Tribunal in view of Notification No. 1205(E) dated 24.03.2020 issued by the Ministry of Corporate Affairs. 14. In view of the above, before going to the merits of this case, we have to decide as to whether this application filed on 18.01.2021 claiming default of an amount as on 05.08.2020 is maintaina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporate debtor for the said default occurring during the said period. Explanation. - For the removal of doubts, it is hereby clarified that the provisions of this section shall not apply to any default committed under the said sections before 25th March, 2020.] 19. It is profitable to preface the discussion with reference to four significant dates which have a bearing on the present proceedings: 28 December 2017 - last invoice of outstanding amount 4 January 2018 - date of default is stated to be made 5 June 2020 - date on which Section 10A was inserted in the IBC. 05 August 2020 - Statutory Demand Notice in Form 3 Form 4 as required under Section 8 of the IBC issued by the Operational Creditor to the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
