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TMI Blog2022 (3) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... Debit note in order to establish the fact that there is a pre-existing dispute between the parties. The corporate debtor has also filed a debit note. The applicant in its rejoinder has not denied the fact regarding Debit Note and infact admitted that the goods were re-supplied/replaced because of quality issues. This further establish the version of respondent. The corporate debtor succeeded in establishing that there was a pre-existing dispute between the parties regarding quality of goods supplied - the present application is rejected and dismissed. - Company Petition No. IB-339/ND/2020 - - - Dated:- 10-3-2022 - Dharminder Singh, Member (J) And Sumita Purkayastha, Member (T) ORDER Sumita Purkayastha, Member (T) 1. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he corporate debtor never bothered to make the payment. Copy of the e-mail communication sent to corporate debtor for release of outstanding payment has been placed on record. e. It is stated that the operational creditor for account prior to 08.09.2018 has filed separate case under section 138 of the Negotiable Instrument Act against the corporate debtor. f. The applicant sent demand notice under Section 8 of the code on 20.12.2019 calling upon the corporate debtor to pay the total amount of ₹ 68,33,055/- via speed post and through email on 30.12.2019. The Copy of demand notice along with postal receipts and the tracking reports has been annexed. g. Further submitted that the corporate debtor has released ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btor was time and again receiving complaints from its dealers. Copy of a compliant received from one of the dealer M/s. Pooja Electronics has been placed on record. The corporate debtor wrote an email dated 23.10.2019 raising its concerns and again receiving complaints from its dealers and about the non-compliance of Legal Metrology Act, 2009 and other statutory requirements, due to which the Goods are unfit to be sold. In the said email the Corporate Debtor categorically mentioned that the violation of norms is a punishable offence and if any penalty and fine is imposed on the Corporate Debtor, the same will be passed on to you the Operational Creditor. The aforesaid clearly establishes a per-existing bonafide dispute between the Corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d notice at the registered office of the Corporate Debtor which is returned back because corporate debtor is not maintaining proper registered office which is also violation of Section 12 of the Companies Act, 2013. Moreover the copy of the demand notice has also served at the corporate office of the corporate debtor situated at Noida and also the personal address of the directors of the corporate debtor which was duly served. b. It is further submitted that copy of the demand notice also send by e-mail at the mail id mentioned in the master data of the Ministry of Corporate Affairs as required under Rule 5 (2)(b) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules 2016 which is delivered to the corporate deb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant in its rejoinder has not denied the fact regarding Debit Note and infact admitted that the goods were re-supplied/replaced because of quality issues. This further establish the version of respondent. 5. In view of the above said discussion, the corporate debtor succeeded in establishing that there was a pre-existing dispute between the parties regarding quality of goods supplied. 6. Resultantly, the present application is rejected and dismissed. 7. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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