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TMI Blog2022 (4) TMI 1161X X X X Extracts X X X X X X X X Extracts X X X X ..... he Demand Notice. In this regard it is seen that the invoices were duly received by the respondent which is evident from sign and seal of the company on the copies of the invoices. Since, the respondent had already knowledge about the invoices, the objection is not tenable. Maintainability of application on behalf of sole proprietorship - HELD THAT:- The present application has been filed by Shri Rajesh Gupta being sole proprietorship of M/s. Ujjwal Packaging. Apparently, the petition has not been filed on behalf of M/s. Ujjwal Packaging rather the same has been filed by Shri Rajesh Gupta. Hence, the same is maintainable. Existence of debt and dispute or not - HELD THAT:- Apparently, the goods were being received till 26th February 2019 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces raised on behalf of petitioner were not made by the respondent, accordingly, the present petition stands admitted - Petition admitted - moratorium declared. X X X X Extracts X X X X X X X X Extracts X X X X ..... legal heirs of the deceased Sh. Rajesh Gupta proprietor of M/d. Ujjwal packaging, the present application is not maintainable. b) It is the case of the applicant that after death of sole proprietor, the proprietorship concern stand dissolved unless taken over by the legal heirs and in the present matter Ujjawal Packaging was never taken over by the legal heirs. The records of GST number clearly show that Ujjawal Packaging is still in the name of deceased proprietor. c) It is submitted that since the legal heirs are not covered under Section 5(20) of IBC and Section 3(23) of IBC, the present application is not maintainable. d) The respondent raised objection regarding defect in Demand Notice as the applicant has not annexed the list o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce in Form-3 as per Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. e) The applicant also submitted that the last payment was made by corporate debtor on 10.05.2019; therefore, the date of default in respect of unpaid operational debt is 10.05.2019. f) The applicant the issue raised by corporate debtor on 25.12.2018 was immediately resolved and goods were supplied to the corporate debtor even after the said email till 26.02.2019. The applicant also submitted that after 25.12.2018 there are various email communications between the parties in which the corporate debtor assured to make payment to the applicant. 6. We have heard the arguments and thoroughly perused the case records. The corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al vide order dated 29th July 2021. The said order was never challenged, therefore, the said objection is also not sustainable. 8. Now, it has to be seen whether there was any existence of dispute prior to the filing of the present petition. Apparently, the goods were being received till 26th February 2019 and the respondent made part payment on 10th May 2019. The amount due does not pertains to the year 2018, rather the same was due qua subsequent invoices. In this regard reliance can be placed on citation Mobilox Innovative Private Limited Vs. Kirusa Software Private Limited, (2018) 1 SCC 353 the Hon'ble Supreme Court observed: "It is clear, therefore that once the Operational creditor has filed an application, which is otherw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejected. 10. In view of the above said discussion, this Tribunal is of affirm view that the payment with respect to invoices raised on behalf of petitioner were not made by the respondent, accordingly, the present petition stands admitted. 11. The applicant has proposed the name of Mr. Dharm Vir Gupta, Resolution Professional of the corporate debtor. The registration number of the IRP being IBBI/IPA-001/IP-P-01492/2018-19/12342 and email id. [email protected]. Mr. Dharm Vir Gupta has given its written consent in required Form-2 which is attached with the application. Therefore, this bench appoints Mr. Dharm Vir Gupta, as the Insolvency Resolution Professional of the corporate debtor. 12. We direct the applicant to deposit a sum of S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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