Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2019 (9) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 1447 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - existence of debt and dispute or not - HELD THAT:- During the course of the submissions, it is brought to the notice of this Tribunal by the CD that they have remitted a sum of ₹ 13,23,953/- vide RTG clearing on 08.8.2019. When this Tribunal confronted, Ld. Counsel for the Petitioner of the Order dated 22.7.2019 and as to how the Petitioner, when the Petition is pending before this Tribunal, the Petitioner has accepted the payment in relation to the claim, to which, Ld. Counsel for the petitioner seeks to explain that even after the payment has been made, a claim still exists in a sum in excess of Rs. one lakh which remains unpaid and in the circumstances, this Tribunal has the pecuniary jurisdiction to entertain this petition and dispose off the petition on merits. Thus, having accepted the payment from the CD, it is incumbent to the petitioner to either withdraw the petition and not to proceed with the petition or alternatively, should not have accepted the amounts at all more so it was posted for arguments and to persist with the Petition based on representation. However, the Petitioner having chosen to accept the payment in relation to the claim and even though in part and for the balance of the claim seeks to proceed with the Petition, to which, we are not in a position or inclined to accede to the request. Petition dismissed.
|