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TMI Blog2021 (12) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... .04.2019 which establishes that the amount were paid to Max Indo Private Limited and Grow Max India Private Limited. The Corporate Debtor has not filed any proof of objection raised with regard to excess supply of quantities of Pet Bottles and Hope Buckets prior to the initiation of section 8 Demand Notice - It is undisputed fact that the Pet Bottles and Hope Buckets were delivered to the Corporate Debtor and the invoices raised remain unpaid. The Corporate Debtor has not demonstrated that any dispute with regard to excess supply of goods/inferior quality was raised prior to the issuance of demand notice. Hence, there is a clear liability of payment of amount due under the invoices and default of non-payment of such dues by the Corporate Debtor, Petition is admitted. Petition admitted - moratorium declared. - CP (IB)1837/MB/C-IV/2019 - - - Dated:- 15-11-2021 - Rajesh Sharma , Member ( T ) And Suchitra Kanuparthi , Member ( J ) For the Appellant : Praveen Kumar Aggarwal , Advocate For the Respondents : Darryl Pereira and Leandra Silveira , Advocates ORDER Rajesh Sharma , Member ( T ) 1. This is a Company Petition filed under section 9 of the Insolvenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar, filed affidavit in reply thereby denying the contentions levelled in the Petition. a. No cause of action had ever accrued in favour of the Petitioner against the Corporate Debtor to invoke the provisions under the Code. b. The present petition is abuse of process of law and devoid of any substance and liable to be dismissed. c. The Petitioner instead of invoking arbitration clause and taking recourse to arbitral proceedings for adjudicating the disputed claims had approached the Hon'ble Tribunal with oblique motive of pressuring the Corporate Debtor. 8. The Corporate Debtor submits that sometime in December, 2017, January February 2018 placed order for supply of Pet Bottles Hope Bucket vide purchase order No. POACL/17-18/0480 dated 28.12.2017, POACL/17-18/0538 dated 25.01.2018 and POACL/17-18/0691 dated 21.02.2018 clearly stating specification of the quality and standard of the products. However, the Petitioner supplied more products instead of demanded quantity without any reason and information and raised five invoices of excess amount under number 001561/2017-18 dated 08.01.2016 of ₹ 4,24,800.00, 001569/2017-18 dated 11.01.2018 of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no agreement/sale term or written communication between them i.e. between Petitioner and the Corporate Debtor with regard to interest claim of 18%. Therefore, the Corporate Debtor is not liable to pay the interest as claimed. REJOINDER FILED BY THE PETITIONER 12. The Petitioner filed rejoinder to the reply thereby submits that all the averments, claims and contentions made by the Corporate Debtor in the reply are false, frivolous and unsubstantiated and the Petition deserves to be admitted. 13. The Corporate Debtor itself has admitted the whole liability vide an email dated 19.12.2018 much prior to the issuance of Demand Notice. This itself shows that no preexisting dispute prior to the Demand Notice. The Corporate Debtor made feeble attempts to evade and discharging legally enforceable liabilities towards the Petitioner. With regard to contention of supply of excess quantities of goods, the Petitioner stated that the Corporate Debtor has not filed any valid/substantial evidence to show that the material supplied was against its wishes or requirement and the same is baseless. 14. The Petitioner neither caused any financial loss to the Corporate Debtor nor supplied p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gulf Crop Sciences Limited which refers that BEING AMT PAYABLE TO AGRIMAS TRF TO MAX INDO PVT. LTD. GROWMAX INDIA PVT. LTD. No inference can be drawn from this ledger account whether monies were paid to Max Indo or Grow India Private Limited. 18. It is undisputed fact that the Pet Bottles and Hope Buckets were delivered to the Corporate Debtor and the invoices raised remain unpaid. The Corporate Debtor has not demonstrated that any dispute with regard to excess supply of goods/inferior quality was raised prior to the issuance of demand notice. Hence, there is a clear liability of payment of amount due under the invoices and default of non-payment of such dues by the Corporate Debtor, Petition is admitted. 19. This Bench having been satisfied with the Application filed by the Operational Creditor which is in compliance of provisions of section 9 of the Insolvency and Bankruptcy Code admits this Application declaring Moratorium with the directions as mentioned below: I. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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