9911796707
TMI Blog2022 (10) TMI 638X X X X Extracts X X X X X X X X Extracts X X X X ..... he Operational Creditor, it has to be considered that the Corporate Debtor does not have anything to say against the contentions of the Counsel for the Operational Creditor. This Company Petition needs to be admitted - Petition admitted - moratorium declared. - CP (IB) No. 41/9/AMR/2020 - - - Dated:- 30-9-2022 - Telaprolu Rajani, J. (Member (J)) For the Appellant : J. Govardhan Redely and M.D. Raheem, Advocates ORDER Telaprolu Rajani, J. (Member (J)) 1. This petition is filed by the Petitioner who is the proprietor of M/s. A.K. Pipe Steel, Operational Creditor (hereinafter referred to as OC) against the M/s. Pragati Engineering Rail Projects Private Limited, Corporate Debtor (hereinafter referred to as CD) seeki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cy in the material supplied by the OC which was informed by the client of the CD to the CD and the same was informed to the OC. The CD informed the rejection of material which was raised against the invoice No. C-169 for which the amount charged was Rs. 15,25,226/-. The CD cancelled the project due to the deficiency in the material and payments were stopped, due to which the CD had to face huge loss as already an amount of Rs. 28 Crores was invested in the project by the CD. As the work was stopped, the Himachal Workers Union raised objections and started protests at the project and the same was informed to the OC. Irrespective of the fact that the project was on hold, the OC sent the material again, due to the protests happening at that ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter accepting the delivery of materials, breached the contract by not making the payment. 5. The CD did not adduce any evidence to corroborate the fact of rejection of goods by its clients at the time of delivery of goods. It is only in the reply filed by the CD that this new fact has been brought up. The only defect raised was towards the size of the material supplied and not towards the quality of the materials supplied, which too was immediately cured by the Operational Creditor by replacing the goods. With regard to the contention of the Corporate Debtor that they have approached the Operational Creditor for arriving at settlement, it is contended that it is the Operational Creditor who has sent its representative for an amicable se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Hence, it stands as a proof of acknowledging the debt by the Corporate Debtor as on that date. Since, a credit note is already issued for the defective material and the same is not included in the claim amount and since the dispute is only with regard to that, there cannot be any other reason for the Corporate Debtor to contend that the petition is liable to be dismissed. On the Counsel for the Operational Creditor pointing out the credit note and copy of the GSTR-1 the Counsel for the Corporate Debtor infact took time to get instructions with regard to discharging the claim amount. Since, none appeared for the Corporate Debtor and did not raise any objection with regard to the argument made by the Operational Creditor, it has to be cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
