9911796707
TMI Blog2025 (3) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... t has happened, to which he could not answer in negative. Thus, once there is no dispute that there has been conversation between the Parties, even on WhatsApp which is a common mode of communication these days, it does not lie in the mouth of the Appellant to contradict the same on the basis of the Judgment in the case of M/s. Kashyap Infraprojects Pvt. Ltd. [2024 (11) TMI 1288 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI - LB]. The Learned Tribunal has categorically observed that there was conversation between the Parties that the rates of Soya Bean have gone down and further recorded the conversation between the Parties to the effect that Appellant wanted to wait for the market to improve and did not receive t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nia Origin Soya Bean, New Crop 2021, NON-GMO for an amount of Rs. 2,64,00,000/-. There was an extension of Sale Contract 1 by Contract 1-A bearing No. S00128A for delivery of 228 MT of Tanzania Origin Soya Bean, New Crop 2021, NON-GMO for Rs. 13,66,622.40/-. The Contract 2 bearing No. S00131 was in regard to sale of 64.46 MTs of Ethiopian Origin Soya Bean Meal Non-GMO @ 60,000 per MT and the third Contract bearing No. S00141/2021-2022, was regarding 440 MT of Ethiopian Origin Soya Bean, New Crop 2022 Non-GMO @ USD 860 per MT. 4. The grievance of the Appellant is that the Respondent, despite receiving the advance payment failed to deliver the goods on time. A table, extracted from the memo of Appeal, is reproduced as under: S. No. Sale Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dispute, therefore, the Petition under Section 9 was not maintainable. 7. In this regard, the relevant observations made by the Learned Tribunal is hereby reproduced for a quick glance: "22. Therefore, it is evident that all these 7 containers were there, but it is the Operational Creditor who in the conversation is stating that Soya Bean marketing in India is too much down. On 03.05.2022, 11.05.2022 also the Operational Creditor is saying market is in terrible bad shape. In view of the fact that Operational Creditor's customers has backed out therefore on 11.05.2022 it is the Operational Creditor who states that, "loss toh hona hain...." "milke baat lete hain..". and to which the representative of Corporate Debtor has replied on the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls sent by the Operational Creditor, the WhatsApp conversation, and certain emails of the operational creditor are contrary to the case made out by the Petitioner in the present Company petition. From the perusal of the conversation itself its evident that there is already a pre-existing dispute between the parties. 26. On the perusal of the facts and circumstances of the present case, it is evident that the petitioner has made an attempt to twist the facts by falsely stating that it is the Corporate Debtor who has failed to execute the contract no. III whereas on the perusal of the documents on record, it is evident from the whatsapp conversations and email that both the Operational Creditor and Corporate Debtor were already in talks and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t does not at this stage examine the merits of the dispute except to the extent indicated above. So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application." In the present case, the Operational Creditor failed to lift the commodity because of the bad market conditions and also because of the change of heart of his own buyer as the Operational Creditor himself said on 19.05.2022 that "bean liya tha buyer palat gya...". the same has been discussed by them over chats. All these disputes were raised by the Corporate Debtor much prior to the issuance of Demand Notice under Section 8 of the Code. On the basis of the above observations, it is observed that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not an appropriate forum. 29. In view of the presence circumstances, we deem it appropriate to dismiss the present petition. Accordingly, the present C.P. (I.B) No. 1030/MB/2023 petition is dismissed." 8. Counsel for the Appellant has vehemently argued that the WhatsApp messages between the Parties has to be meet Section 65B of the IT Act. He relied upon the case of 'M/s. Kashyap Infraprojects Pvt. Ltd.' Vs. 'M/s. Hi-Tech Sweet Water Technologies Pvt. Ltd.' in Comp. App. (AT) (Ins.) No. 33/2023, decided on 27.11.2024 in this regard. 9. In this regard, we have candidly asked the Appellant as to whether the Appellant has denied the said conversation in the grounds of Appeal to have ever happened or in the manner it has happened, to whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
