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2022 (5) TMI 804

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..... ebtor for paying the outstanding amount to the Corporate Debtor, the Operational Creditor has sent the claim of 9 invoices only and the principal amount claimed is Rs. 4,33,086/- but in the petition, the principal claim amount is Rs. 5,01,999/-. - no amount is due to be paid to the Operational Creditor, as the statement of Bank Account of Corporate Debtor, shows that the outstanding amount has been paid. Moreover, there is inconsistency in the details of invoices and adjustment of payments provided by the Operational Creditor. Hence, the present petition is rejected. The present petition is dismissed. - CP (IB) No. 231 of 2019 - - - Dated:- 27-4-2022 - M. B. Gosavi , Member ( J ) And Kaushalendra Kumar Singh , Member ( T ) For t .....

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..... Corporate Debtor on 24.12.2018. Thereafter, the Operational Creditor received a certain payment from the Corporate Debtor However, on verifying the same with its Finance Department, it was confirmed that the payments were received from the Corporate Debtor with respect to earlier invoices but not for the invoices with respect to which the present application is filed. No reply was made by the Corporate Debtor with respect to the said demand notice. Hence, the present petition is filed by the Operational Creditor to initiate the CIRP against the Corporate Debtor. 4. The Corporate Debtor filed its reply to the present petition on 10.06.2019 and submitted that the Corporate Debtor has stated that on receipt of the statutory notice dated 18. .....

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..... record. The Operational Creditor has alleged that the amount of Rs. 6,73,726/- as outstanding including interest up to 17.12.2018, eleven invoices were raised for the amount of Rs. 6,50,172/- out of total principal amount Rs. 1,48,173/- has been paid by the Corporate Debtor. The said amounts were paid by the Corporate Debtor with different transactions viz. Rs. 9,595/- on 04.01.2017, Rs. 79,849/- on 24.01.2017, Rs. 28,713/- on 06.02.2017 and Rs. 30,016/- on 05.05.2017. But as per the transaction detail provided by the Operational Creditor as well as the Corporate Debtor the total amount was paid by the Operational Creditor of Rs. 7,52,638/- in the different transactions Viz Rs. 1,97,689/- on 04.01.2017, Rs. 69,346/- on 06.02.2017, Rs. 1,12, .....

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..... , II. AHM/16-17/0193 dated 26.04.2016 for Rs. 56,926/-, III. AHM/16-17/194 dated 26.04.2016 for Rs. 73,462/-, IV. AHM/16-17/0361 dated 21.05.2016 for Rs. 73,634/-, V. AHM/16-17/1303 dated 10.10.2016 for Rs. 73,269/-, VI. AHM/16-17/1446 dated 05.11.2016 for Rs. 73,229/-, VII. AHM/16-17/1445 dated 05.11.2013 for Rs. 73,229/-, VIII. AHM/16-17/1554 dated 25.11.2016 for Rs. 56,926/-, IX. AHM/16-17/1573 dated 30.11.2016 for Rs. 62,100/-, X. AHM/16-17/1600 dated 03.12.2016 for Rs. 12,107/-, and XI. AHM/16-17/1723 dated 26.12.2016 for Rs. 56,926/-) and the adjusted list provided by the Operational Creditor is as under: 10. In view of the above, it is clearly shown that the Operational Creditor has adjusted the amount for 15 invoices fo .....

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