9911796707
TMI Blog2022 (3) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... emand notice dated 16.11.2018, issued by the Operational Creditor, but the Corporate Debtor has already raised the dispute in respect of the quality of services provided by the Operational Creditor through an e-mail reply in response to the email of Sterling wherein the Corporate Debtor had undertaken to pay the outstanding amount, if remaining work is completed by the Operational Creditor. It is also noted that affidavit regarding no dispute is not on record, and also the proof of delivery is not on record. The proof of delivery is required under Section 8 of the IBC, 2016 - there is a pre-existing dispute in respect to the services provided by the Operational Creditor - This application is rejected and disposed of. - CP (IB) No. 143/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or objection. It is also stated that the Corporate Debtor also acknowledged the debt on 05.01.2016. 4. The Operational Creditor also stated that the Corporate Debtor failed to pay the outstanding amount even after several reminders and requests, thereupon in compelling circumstances, the Operational Creditor sent a demand notice on 16.11.2018 to the Corporate Debtor for payment of 11,987.45 but the Corporate Debtor neither paid the said outstanding amount nor replied. Hence, this present application is to initiate the CIRP against the Corporate Debtor. 5. The Corporate Debtor appeared before this Adjudicating Authority and filed its reply on 14.08.2019 wherein the Corporate Debtor denied all the averments made in the petition by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Debtor and perused the material available on record. It appears that four invoices totalling 11,987.45 were raised by the Operational Creditor for legal services rendered to the Corporate Debtor. Three invoices dated 05.01.2015, 13.07.2015, 06.10.2015 are beyond the period of limitation of three years but the invoice raised on 31.03.2016 of 1382 (equivalent to ₹ 11,03,745.75) is within the limitation. Though, no reply was given by the Corporate Debtor on Demand notice dated 16.11.2018, issued by the Operational Creditor, but the Corporate Debtor has already raised the dispute in respect of the quality of services provided by the Operational Creditor through an e-mail reply in response to the email of Sterling wherein the Corpo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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