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TMI Blog2022 (3) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... e has already been made and there is no liability outstanding, the petition does not deserve any consideration particularly because the Corporate Debtor has raised certain disputes in the reply affidavit which may be taken as per pre existing disputes. The Operational Creditor (Liquidator) of M/s. Global Infonet Distribution Pvt. Ltd. cannot claim anything more than the amount mentioned in the petition filed by its erstwhile Board of Directors. There are no merits in the petition - petition dismissed. - C.P. (IB) No. 1480/KB/2018 - - - Dated:- 9-3-2022 - Rohit Kapoor , Member ( J ) And Harish Chander Suri , Member ( T ) For the Appellant : Yogendra Pal Singhal, Liquidator For the Respondents : Rohit Kumar Keshri and Rantu Kumar Das, PCS's ORDER Harish Chander Suri , Member ( T ) 1. The Court is convened by video conference today. 2. This petition under section under 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 has been filed by M/s. Global Infonet Distribution Private Limited, a corporate entity, through its Authorised Representative Mr. Nizamud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Development Funds).It was further informed by the Corporate Debtor that since, 2013, majority of the clients of the Corporate Debtor were using SAP software under Global Infonet Distribution Private Limited as they had developed a very good business relationship with their clients but somehow the disbursement of MDFS which was supposed to be provided by SAP through the client of the Operational Creditor was inconsistent, the business development team of Operational Creditor always acknowledged the claims and promised to disburse the same and several email communications with Operational Creditor and the Corporate Debtor were enclosed with the reply as Annexure-4. 7. The Corporate Debtor in its reply to the notice further asked the Operational Creditor to tender unconditional and unreserved apology in writing, failing which, they would reserve their right to prosecute proceedings against the Operational Creditor holding them liable for all the losses and damages suffered and all the costs, charges and expenses incurred by them. They flatly denied that there was any liability on the Corporate Debtor. 8. The Operational Creditor has further filed an affidavit under section 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor have already given advance to your Operational Creditor ₹ 4,00,793/- on 2nd February, 2018 and also the implementation and business loss of Roughly ₹ 20,00,000/-. Later the Operational Creditor Refund the advance payment to Corporate Debtor as they were unable to provide us SAP Software. A copy of the said Purchase Order along with the Communication with Operational Creditor are attached and collectively marked as Annexure R-4. It is pertinent to note that the Operational Creditor has made several misleading statement and suppressed several material facts and payment made to the Operational Creditor. The Operational Creditor with malafide intension even not attached the Exact Copy of Reply of Demand Notice where the detail of payment to Operational Creditor was already attached. A True Copy of the said reply of Demand Notice is attached and as Annexure R-5. The Respondent prays leave to refer the said reply of Demand Notice during the time of hearing. 5. With reference to PART (V) of the Application save what are matter of Records, all other statements made therein are denied and disputed. It is submitted that the Operational Creditor has filed frivolous applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal claimed amount by the Operational Creditor in the petition of ₹ 12,79,433/-. 13. It would be seen that after the Operational Creditor company had gone into liquidation, its Liquidator continued pursuing this C.P. against M/s. Nishan Systems Private Limited as Liquidator of M/s. Global Infonet Distribution Private Limited, the Operational Creditor herein. Before continuing and pursuing the present petition, the Liquidator has not sought any permission or directions from this Adjudicating Authority. Section 35 of the Code envisages that the Liquidator shall have all the powers and duties subject to the directions of the Adjudicating Authority. We do not find any application seeking the directions from this Adjudicating Authority in this respect or any order having been passed by this Adjudicating Authority permitting him to continue these proceedings. It would also be seen that the last audited accounts of the Corporate Debtor in C.P.(IB) No. 712/ND/2019 passed on 21st August, 2020 i.e. Operational Creditor in this petition was audited only for the year ending 31st March, 2017 and thereafter no returns were filed and that the accounts of the Operational Creditor were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iquidator had sought permission before pursuing these proceedings, this Adjudicating Authority would have considered this aspect at that stage itself. 18. We have gone through the record and in reply to the notice sent by the Operational Creditor, the Corporate Debtor has opposed the demand of the Operational Creditor on two counts; (1) that the full payment has been made and as per the invoice issued; and (2) that some advance payment has also been made. The Corporate Debtor has filed the affidavit to this effect. 19. In view of the fact that the payment as per the invoice has already been made and there is no liability outstanding, the petition does not deserve any consideration particularly because the Corporate Debtor has raised certain disputes in the reply affidavit which may be taken as per pre existing disputes. The Operational Creditor (Liquidator) of M/s. Global Infonet Distribution Pvt. Ltd. cannot claim anything more than the amount mentioned in the petition filed by its erstwhile Board of Directors. 20. In view of the aforesaid facts and pleadings of the parties, We, therefore, do not find any merit in the petition and the same is rejected. 21. Certified co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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