9911796707
TMI Blog2022 (3) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... ledged or verified by the corporate debtor. The applicant has not placed any other document to show that the claimed operational debt is due and payable by the corporate debtor. Further, no communication or agreement has been placed before this Tribunal to establish the fact that the claim amount is due and payable by the respondent. Unless any cogent and convincing evidence is there on the record, merely on the basis of some invoices and copies of licenses, it could not be proved that the applicant herein was engaged by the respondent to arrange those licenses for the corporate debtor. In the absence of any reliable evidence, it could not be established that the applicant herein was actually engaged by the corporate debtor to arrange li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their services in providing various licenses which are required for exporting items to other countries from excise and custom department. b. It is submitted that the operational creditor entered into business relationship with the corporate debtor to facilitate availing of various types of licenses. c. Further it is stated that for the services performed, invoice dated 27.05.2017 was raised on the corporate debtor and due to the services of the operational creditor, the following licenses were raised to the corporate debtor which is as follows: a. License No. 3319009132 and 3319009133 dated 17.05.2017 b. License No. 3319007627 dated 14.02.2016 c. License No. 3319009070 dated 09.05.2017 d. License No. 051907877 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amily and friends and ₹ 3,41,79,221/- through various bank channel. Copy of the invoice and the L.C. has been placed on record. b. It is submitted that in the month of January, 2016, Ashish Chopra showed his inability to honor the whole contract on the pretext of inferior good quality of the product and supplied goods of 510 Mt. PVC Raisins of an amount of ₹ 3,41,79,221/-. Furthermore it is submitted that on believing him, the corporate debtor granted him time to make the aforesaid remaining payment. c. Further in the month of April, 2017, a meeting was held with Mr. Ashish Chopra and the applicant wherein it was decided that the applicant will provide the import license to the corporate debtor, however the paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the corporate debtor to arrange licenses for it. Accordingly, as per Section 9 of the Code, the applicant has failed to establish its claim against the respondent corporate debtor. 4. In view of the abovesaid discussion, the applicant measurably failed to establish the fact that its operational debt is payable by the respondent corporate debtor, thus the present application being devoid of any merit, stand rejected without any costs. 5. We make it clear that any observations made in this order shall not be construed as an expression of opinion on the merit of the controversy and the right of the Applicants before any other forum shall not be prejudiced on account of dismissal of instant application. Let the copy of the order be s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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