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TMI Blog2022 (6) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... ever issued by respondent. The communications relied upon by respondent are related to period 2016-17, only in respect of delay in completion of project. No penalty or liquidated damages were levied by corporate debtor - Admittedly, in terms of agreement the corporate debtor is not entitle to impose any penalty to the applicant. The respondent even reconciled the accounts of applicant and failed to raise any dispute over claim of applicant during reconciliation. It is not the case of respondent that work order was never completed by applicant. The respondent has already made payments to applicant which shows that there is no defect in performance of contract other than delay in completion, that too a penalty of Rs. 14 lakhs was already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant are as follows:- a. A Work Order/Purchase Orders for 423 kWp -Pioneers Spinners Kamuthakudi Project ( Project 1 ) and Work Orders/Purchase Orders for 357 kWp -Kaleeswarar Mills Project ( Project 2') entered into by it with the Corporate Debtor on 20.05.2016. b. Further it is stated that operational creditor was granted Letter of Allocation ( LOA ) by the Solar Energy Corporation of India (''SECI ) being the successful bidder, for Design, Engineering, Manufacture, Supply, Erection, Testing and Commissioning including Warranty, Operation Maintenance of Roof Top Solar PV System in cities/states in India (Phase IV- Part 2) and vide letter dated 21.08.2015, awarded the contract for Implementation of Grid Connected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the terms of the POs/WOs and Agreement.. f. Furthermore, the unpaid debts are 7,32,120.60 and Rs. 6,52,134.40, respectively, for Project 1 and Project 2, i.e. a total of Rs. 13,84,254/- out of which Rs. 2,07,954 is towards C Form and ST difference. Importantly, SECI vide its mail dated 12.05.2017 also clarified to corporate debtor that there was no clause/provision in the Agreement entered into by corporate debtor and operational creditor enabling corporate debtor to levy penalty. g. The applicant sent demand notice under Section 8 of the code on 23.10.2019 calling upon the corporate debtor to pay the total amount of Rs. 13,84,254/-. The applicant submits that the notice has been duly served on the corporate debtor. The Copy of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.12.2018, 20.02.2019, 03.04.2019, 17.04.2019, 31.07.2019 and in it Demand Notice dated 23.10.2019, has demanded its pending dues and the corporate debtor has never raised any dispute over the delay in execution of the contract. b. The applicant further states that the respondent has relied upon the correspondences related to the year 2016-17 and there is no correspondence or any document pertaining to the year 2018-19 raising any dispute regarding claim of the applicant. c. It is stated that after issuance of demand notice dated 31.07.2019 the corporate debtor vide its letter dated 19.10.2019 has demanded relevant documents to consider the claim of the applicant, this clearly shows that the claim of dispute is an afterthought. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporate debtor. 4. The corporate debtor has filed its written submissions and reiterated its submissions as filed in the reply. 5. Heard the parties and perused the case records. Considering the documents on record admittedly the respondent has never raise any dispute over quantum of claim or delay of applicant. The corporate debtor has failed to place any document on record to show that said imposition of penalty was ever communicated to the applicant before issuance of demand notice. No debit note in this regard was ever issued by respondent. The communications relied upon by respondent are related to period 2016-17, only in respect of delay in completion of project. No penalty or liquidated damages were levied by corporate debto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The applicant has not proposed the name of IRP, therefore, this bench appoints Mr. Amit Talwar as the Insolvency Resolution Professional of the corporate debtor. The registration number of the IRP being IBBI/IPA-002/IP-N01178/2020-21/13887 and email id. [email protected]. IRP above named is appointed subject to the condition that no disciplinary proceedings are pending against him. The specific consent is required to be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and made disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016. 10. We direct the applicant to deposit a sum of Rs. 2 lacs with the Interim Resolution Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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