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TMI Blog2022 (7) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... nly when the Operational Creditor assured that quality of paper, printing and glue would be upto mark. The Corporate Debtor had further complained of delayed delivery of goods which had caused business loss to the Corporate. Another issue relating to charges on account of transportation was also raised in the said letter. In view of the letters issued before the service of notice under Section 8 of the Code by the Operational Creditor, there is a clear case of preexisting dispute between the parties and, therefore, this petition is not maintainable and is therefore, rejected. - C. P (IB) No.1336/KB/2019 - - - Dated:- 5-7-2022 - Mr. Rohit Kapoor, Member (Judicial) And Mr. Harish Chander Suri, Member (Technical) For Operational Creditor : Mr. Om Narayan Rai, Adv. Mr. Prashat Agarwal, Adv. For the Corporate Debtor : Mr. Shaunak Mitra, Adv. Mr. Saurav Jain, Adv. ORDER Per : Harish Chander Suri, Member (Technical) 1. The Court is convened by video conference today. 2. This petition under 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules,2016 has been filed by P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that the Corporate Debtor thereafter cited financial crisis due to the loss suffered by it in its business and sought time again and again from the Operational Creditor to clear the dues and in view of the good relationship between the parties, time was allowed by the Operational Creditor. It is submitted that in May /June, 2018, the Corporate Debtor again approached the Operational Creditor purchasing adhesive lables and also promised to clear the earlier dues in tranches along with the invoices that would be raised thereafter. Relying upon the assurance and promise of the Corporate Debtor as true and genuine, the Operational Creditor thereafter sold supplied and delivered goods of agreed descriptions to the Corporate Debtor under 12 invoices total amounting to Rs.5,46,008.25 and quite surprisingly the Corporate Debtor failed and neglected to clear the earlier dues of Rs. 20,50,572/-as had been promised by the Corporate Debtor to clear the same in tranches along with subsequent bills and instead made payment of Rs.5,46,006.29 only towards liquidation of subsequent 12 invoices raised upon it from 29/06/2018 to 03/10/2018 and kept the earlier dues pending. The Operational C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance with the rules and regulations and the mandatory provisions of Section 9(3)(b) and 9(3)(c) have not been complied. There is also no record of default with any information utility, which is a pre-condition.It is submitted that the application has been filed with fraudulent intent. 15. It is submitted that the Operational Creditor failed to maintain the agreed terms and conditions which shows the malafide intention of the Operational Creditor. The rates charged by the Operational Creditor were higher than the other suppliers and at same time, the Operational Creditor has charged the Corporate Debtor for transportation of goods also which were not supposed to be charged by the Operational Creditor as per agreed terms. It is submitted that there are serious and genuine pre-exiting dispute in respect of the claim of the Operational Creditor .In fact, much prior to even a demand notice issued by the Operational Creditor, the Corporate Debtor had in several meetings and discussions notified the Operational Creditor of several breaches by the Operational Creditor of the terms and conditions between the parties. But the Operational Creditor had failed to suitably remedy the issues a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... off as the said invoices were raised at agreed rate and it is denied that subsequent transactions were on the basis of any promise or assurance by the Corporate Debtor to pay any purported earlier dues. 18. In the Rejoinder, the Operational Creditor reiterated and reaffirmed the averments of the petition . It is denied that the application suffers from any gross suppression of material facts or that the claims made therein are contrary to or barred by law. It is denied that there is no compliance of mandatory provisions of section 9 of IBC and regulations framed thereunder. It is denied that the Corporate Debtor had sent any email along with calculation sheet after adjusting all differences and ledger copy and requested to reconcile the books of account and that as per the balance shown in the books of account , the Operational Creditor was called several times to collect the same. It is submitted that the calculation sheet mailed on April 16, 2019 after adjusting the alleged differences along with a ledger copy has been sent by the Corporate Debtor with a sole intent to do mischief and with mal intent to shirk away from the financial liability towards the operational creditor. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 91/- but on 16th April, 2019, the Corporate Debtor had written to the Corporate Debtor as under:- To M/s P.B. Holotech (I) Pvt.Ltd. 8C, Maharshi Devendra Road 6th Floor, Room No.40 Kolkata-700007 Dear Sir, Please refer to our earlier mail and verbal talks please note that we are ready to settle your bills as per agreed terms in which we placed you order and on the basis of which you started billing on us. We were always regular in our payments and also we trust on your bill which we presumed to be as per our mutual understanding. However, you unilaterally changed the basis. Further, when you come to know that we have also started procuring goods from other vendors, you had renegotiated the deal at lower rate but this time the quality of supply was deteriorated as we mentioned in our earlier letter. However, we are ready to make the payment as per our ledger. If you feel you can collect the payment as full and final against all our outstanding till date. We are enclosing herewith our ledger copy as well as detailed calculation sheets for the differences. Regards. For Paschim Banga Pharmaceutical 2 attachments ..... X X X X Extracts X X X X X X X X Extracts X X X X
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