9911796707
TMI Blog2022 (6) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') by M/S Healthcare Private Limited (for brevity 'Operational Creditor') through its Authorised Signatory, Mr. Rajendra Badgujar, who has been duly authorised vide board resolution dated 28.05.2018 for initiating Corporate Insolvency Resolution Process (CIRP) against M/s Agfa Healthcare India Private Limited (for brevity 'Corporate Debtor') for default in repaying an amount of Rs.15,60,326.94 together with interest of Rs.6,73,291.76, aggregating to Rs.22,33,618.70 as on 11.08.2015. 2. On reading the application and other material placed before this Bench, the Operational Creditor and the Corporate Debtor entered into a service agreement dated 01.01.2014. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute with respect to the invoices on the basis of which operational creditor is claiming the amount. 4. The Corporate Debtor in its reply affidavit has taken the defense that the company petition on same subject is already dismissed by the National Company Law Board, Mumbai vide order dated 08.11.2017, this fact was suppressed by the operational creditor. It is stated that the amount claimed by the operational creditor is in serious dispute, which required adjudication from proper authority, therefore, the petition under IBC is not maintainable. The Corporate Debtor has submitted that it is ready to deposit the principal amount in NCLT, Mumbai or before such forum as this tribunal may direct until the adjudication of disputed claim of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this by itself is also an admission of liability by the Respondent. However, the Respondent has contended that the payment thereof is subject to the condition of the Applicant returning to the Respondents defective spare parts to the tune of Rs.15,23,224, and ultimately held the Applicant liable to pay the balance amount of Rs.4,79,300.80, being the differential amount towards return of the spare parts i.e. Rs.15,23,224 and the approved claim of the Applicant i.e Rs.10,43,923.20. It is argued that all the defective goods lying with the Applicants were returned to the Respondents on 21.10.2015 by courier, and the same was communicated to the Respondent vide email dated 24.10.2015. It is further stated that the respondent has failed to produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from Rupees One Lakh to Rupees One Crore as on and from 24.03.2020 does not apply to the present case. Under the said circumstances, since the debt and default on the part of the Corporate Debtor being proved and also by looking at the consent given by an Insolvency Professional, we hereby admit this petition by appointing Mr. Jitender Kothari (Insolvency Professional) as IRP with a direction to the IRP to compute this claim by deducting the payments made by the Corporate Debtor during the pendency of this Company Petition. The Petitioner shall pay the remuneration of the IRP as well as initial costs to the IRP until constitution of the Committee of Creditors, Accordingly this petition is admitted with the direction as follows:- a. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Debtor. e. That the supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. f. That the provisions of sub-section (1) of Section 14 shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. g. That the order of moratorium shall have effect from the date of pronouncement of this order till the completion of the corporate insolvency resolution process or until this Bench approves the resolution plan under sub- section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, as the case may be. h. That the public announc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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