9911796707
TMI Blog2019 (8) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the Adjudicating Authority (National Company Law Tribunal), Division Bench, Chennai, on the ground of non-availability of evidence relating to debt and default. 2. We have heard the learned counsel appearing for the parties and perused the records. 3. Form 5, which is the application under Section 9 has been enclosed by the Appellant, wherein 'particulars of operational debt', which includes documents, records and evidence of default is to be shown, as stated by the Appellant is as follows: Part -iv PARTICULARS OF OPERATIONAL DEBT 1 TOTAL AMOUNT OF THE DEBT. DETAILS OF TRANSACTIONS ON ACCOUNT OF WHICH DEBT FELL DUE AND THE DATE FROM WHICH SUCH DEBT FELL DUE Rs. 14,91,508.20 Plus interest Rs. 1,65,025.04 (working as per anne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORPORATE DEBTOR (ATTACH A COPY) ANNEXURE 6. LIST OF OTHER DOCUMENTS ATTACHED TO THIS APPLICATION IN ORDER TO PROVE THE EXISTENCE OF OPERATIONAL DEBT AND THE AMOUNT IN DEFAULT ANNEXURE I, [L V RAMANAN/person authorised to act on behalf of the operational creditor] hereby certify that, to the best of my knowledge, [name of proposed insolvency professional], is fully qualified and permitted to act as an insolvency professional in accordance with the Code and the rules and regulations made thereunder, [WHERE APPLICABLE] [has L V RAMANAN paid the requisite fee for this application through [state means of payment] on [date]. Yours sincerely, Signature of person authorised to act on behalf of the operational creditor Name in block lett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we find that no document or record or any evidence of default has been enclosed by the Appellant, as the Appellant marked the columns as "not applicable" or left the same blank. 5. Learned counsel for the Appellant relied on the other page to suggest that there is evidence of default. Invoice dated 22nd January, 2018 at Page 36 raised by the Appellant has been enclosed, wherein the name of the buyer has been shown as 'Perfect IT Solution'. 6. The aforesaid invoice has been taken into consideration by the Adjudicating Authority to come to a definite conclusion that the buyer is 'Perfect IT Solution' as shown in the invoice and not 'Sify Technologies Limited' (Respondent herein). 7. Learned counsel for the Appellant submitted that 'Perf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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