9911796707
TMI Blog2022 (11) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench, Kolkata). By which Order, the Application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the Appellant has been dismissed. 3. The Appellant's claim was based on an Agreement with the Corporate Debtor to receive ten percent (10%) of the commission of sale of goods to M/s. Shapoorji Pallonji & Co. Ltd. Appellant's case is that payments which were due under the commission, ten percent was not paid hence notice under Section 8 was issued demanding the amount on 07.09.2019. Thereafter, Reply was also received on 25.09.2019. Another Demand Notice has been issued on 12.10.2020 under Section 8 of the Code claiming amount of Rs. 1,26,50, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply Notice, which is a notice of dispute, following has been categorically stated: "At the very outset, we would like to inform you that your Demand Notice is completely misconceived, vague, baseless, bad in law, devoid of any merit and frivolous and we deny and dispute your claim in totality. We do hereby place on record that you are no way entitled to receive any amount from our company and you are not a creditor of us in any manner. You are not an operational creditor and there is no operational debt and you have not provided any service to us. You have claimed an alleged amount of Rs. 1,45,21,506.85 on the ostensible reason, that you were responsible to ensure sole of both passive items like cables and active items like switches, r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vague and baseless." 7. Under the scheme of Code, when Notice of Dispute has been issued and dispute raised is supported by any evidence and is not a moonshine defence, the Adjudicating Authority is not to entertain Section 9 Application and reject the Section 9 Application. The Notice of Dispute clearly held that no material was sold to M/s. Shapporji and Pallonji & Co. Ltd. The dispute which has been raised is a genuine dispute which required further investigation, cannot be subject to a Section 9 Proceeding. It is always open for the Appellant to seek his remedy in law for recovery of dues, if any, in accordance with law but for such disputed issues, Section 9 Proceeding cannot be invoked at the instance of Operational Creditor. We thu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
