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2019 (8) TMI 685

..... HELD THAT:- In order to trigger the provisions of the IBC on the basis of Section 9, it is necessary for the Operational Creditor, to show that there is outstanding operational debt and that there is a default - On hearing Counsel and perusing Impugned Order, we are unable to accept the submissions of Appellant. Appellant has failed to show debt due. Also, the supply order which is being relied on .....

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..... (NCLT), Jaipur Bench, Jaipur. He claimed that there was an operational debt of ₹ 19,98,700/- outstanding against the Respondent - Corporate Debtor which debt was in default. The Appellant claimed that the Corporate Debtor manufactures Polypipes and he had entered into the Agreement dated 26.12.2017 to provide services as sales representative of the Corporate Debtor for sale of PLP Duct Pipe .....

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..... ion related to PLB HDPE Duct and not PLP Duct Pipe and that the Appellant was making false claims. The Respondent raised various other contentions also. 2. The learned Adjudicating Authority heard the parties and rejected the claim of the Appellant that PLP Duct Pipe mentioned in the Agreement should be construed as PLB HDPE Duct . The Adjudicating Authority found that there was an existing disput .....

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..... n which the Appellant is trying to rely on. Respondent is also arguing that Appellant had proposed to Respondent that he will get Orders for PLP Duct Pipes and Respondent entered into agreement so that if such Orders are procured, Respondent will manufacture accordingly and supply. 4. In order to trigger the provisions of the IBC on the basis of Section 9, it is necessary for the Operational Credi .....

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..... e unable to accept the submissions of Appellant. Appellant has failed to show debt due. 5. Apart from above, the supply order (Page - 82) which is being relied on by the Appellant itself mentioned in the reference, and it shows that supply order was being given to the Respondent on the basis of RC Agreement dated 05.06.2017. This is clearly a date which is prior to the Agreement dated 26th Decembe .....

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