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2020 (8) TMI 643 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of dues - forged signature - Operational Creditor is disputing the signature of its representative on acknowledgment of defects as stated in letter - HELD THAT:- The Operational Creditor has also provided third party Govt. approved labs for sampling and testing of goods as appearing at page No.433-434 of Reply of Operational Creditor. The Corporate Debtor has failed to communicate the Operational Creditor after receipt of Demand notice for the dispute and hence he has not complied with the provisions of Section 8(2) (a) of the IBC, 2016. Return of cheques - HELD THAT:- The cheques were of 2nd January, 2018 to 3rd March, 2018 from the details matching with the challan date and cheque date as appearing at page 161 to 169 of the appeal paper book, all the cheques have been returned in an approximately 60 days after receipt of goods. This is a business relationship and in business such things happen. In this context, the Interim Resolution Professional (for short IRP) has also submitted that the Corporate Debtor has 41 Operational Creditors and one Financial Creditor Page 3-10 of the Affidavit in reply filed by IRP. Appeal dismissed.
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