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2019 (10) TMI 1360 - Tri - Insolvency and BankruptcyLiquidation of Corporate Debtor - contention of the learned counsel for Liquidator that Applicant claimed money in respect of goods which are said to have been made ready for despatch but they were not delivered - HELD THAT:- It is true goods said to have been manufactured were not actually delivered to Corporate Debtor. It is contended that goods were ready but Corporate Debtor failed to take delivery. 80% of the contract price was required to be paid on pro-rata basis on submission of monthly invoices/bills as per the approved billing break-up, on completion of work duly certified by Corporate Debtor. There were no invoices available in the records of Corporate Debtor. Even appellant also did not produce the invoices in support of its claim that part of material was prepared and fit for delivery. No tax invoices raised. Therefore, Liquidator was not in a position to admit the claim. When claim and counter claims are involved, Liquidator cannot be decided the same. The Liquidator has rightly rejected the claim and no ground to interfere. Application dismissed.
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