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2019 (6) TMI 1519 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - contractual relationship between the Operational Creditor and the Corporate Debtor or not - HELD THAT:- In the present case, the Operational Creditor has paid money in advance to the Corporate Debtor and on failure by the Corporate Debtor to supply the goods, the operational creditor has invoked the jurisdiction of this Adjudicating Authority under the 1B Code. The contention of the Corporate Debtor is that there is no contract between the parties and the agreement submitted by the Operational Creditor is not signed by the Corporate Debtor. However, the Corporate Debtor has not made any statement about its Invoice dated 08.02.2017. The invoice itself is a contract between the parties. It is also pertinent to note that as per email dated 07.03.2017 and 09.03.2017 of the Corporate Debtor, it could be seen that the Corporate Debtor himself has mentioned about the agreement. It could also been seen that the said email correspondence revolve upon the issue of supply of sugar and repayment of the amount received. Therefore, the contention of the Corporate Debtor that there is no agreement substantiated and it is contrary to its own email correspondence. Since, the amount due is arising out of an agreement of sale of goods, the Operational Creditor is having every right of approaching this Adjudicating Authority under the 1B Code. Since the Corporate Debtor failed to make the payment and the receipt of the same is not denied by the Corporate Debtor and the email correspondences produced by the Operational Creditor revolves upon the issue of supplying sugar and refund of amount. In these circumstances, the Contentions raised by the Corporate Debtor is to fail. Further, the Operational Creditor has proved its case by placing overwhelming evidence that default has occurred for which the Corporate Debtor was liable to pay. The petitioner has complied with the all the requirement as stipulated under the provisions of the 1B code, 2016 for the purpose of initiating Corporate Insolvency Resolution Process. In these circumstances, this Adjudicating Authority is inclined to admit the instant petition. Appeal admitted.
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