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2020 (2) TMI 58 - HC - Insolvency and BankruptcySuit for recovery of price of goods sold and delivered - issue of forgery - HELD THAT:- In a suit for recovery of price of goods sold and delivered and in an application for judgment and decree on admission therein, a defendant can set up a defence of forgery. Such defence is required to be evaluated so as to arrive at a finding whether such defence is one of moonshine or of substance. In the facts of the present case, the defendant claims that one Mr. Pankaj Sharma issued certain letters to the defendant. Such Mr. Pankaj Sharma by way of an affidavit denies having issued such letters. These letters apparently relate to the alleged loss that the defendants suffered by way of the inferior supplies effected by the plaintiff. The pendency of the proceedings under the Insolvency and Bankruptcy Code, 2016 is no bar to the present suit being heard and decided. The jurisdiction of the two fora are different - The confirmation of account dated August 11, 2018 shows an outstanding amount of ₹ 5,79,58,608/-due and payable by the defendant to the plaintiff. Application disposed off.
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