Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2019 (1) TMI 1655

..... THAT:- The operational creditor has not disclosed the full material particulars in their application filed u/s 9 before us. The correspondence between the parties since July, 2016 regarding disputes of billing between them, payment of debit notes and the Court cases has not been disclosed by the applicant. These details were filed by the Corporate Debtor by way of a written submission. It is apparent that there is a long-standing dispute between the parties, as per the provisions of section 8(2)(a) of the IBC. The Operational Creditor has not filed any postal receipt to show the date on which the notice u/s 8 dated 30.12.2017 was posted or received by the Corporate Debtor. The Corporate Debtor, on the other hand, has claimed before us, that .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ocket-1 Vasant Kunj, New Delhi-110070. 2. From the petition it is seen that the Operational Creditor had earlier filed an application before the NCLT, Chandigarh. Vide Order dated 29.05.2018, this petition had been permitted to be withdrawn as there were some formal defects in the petition including authority of the person through whom the petition had been filed. However, liberty had been granted to filed a fresh petition on the same cause of action with better particulars. Subsequently, the present petition was filed before this Bench on 17.08.2018. 3. The applicant has also filed an application u/s 60(5) of IBC seeking correction in the cause title of the petition. While the Original application was bearing the cause title Beacon Courier .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ed that you the addressee sent excessive charged bills. When the same was raised before the owner of you the addressee i.e. Mr. Laxmi Raj Singh, he admitted the faults. In order to compensate the same you the addressee through Mr. Laxmi Raj Singh agreed for the debit onto them and accordingly initially ₹ 60 lakhs were debited on the Beacon Courier and Cargo India Pvt. Ltd. The balance was to be done after complete verification. Our client reserve it s right to initiate proper action based on complete verification of the bills sent by your good selves. As per the information received from our client, our client is scrutinising all bills and the same will take time as the bills are ranging from the period of year 2013 to 2017 therefore .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... owledge of the respondent company that the Applicant Company was cheating the Respondent Company and raising excessive invoices. They have referred to a letter dated 14.07.2017 issued by the Applicant Company. Extracts of this letter are reproduced: - ...Reference to the discussion had with our MD Sir Mr. Laxmi Raj Singh Ji regarding the oversize billing our company is willing to accept the debit amount of ₹ 60 lakhs including ₹ 17,25,641/-. If there is any differential in final calculation than same will be adjusted later. Kindly deduct the amount instalment so that the working of our company will not be affected and we can serve you continuously... 8. In the written submissions, the Corporate Debtor has given details of severa .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ts officials Mr. Anil Khatana, Mr. Laxmi Raj Singh, Ms. Manju Solanki and Mr. Vikas Solanki and an FIR bearing No. 137 dated 25.06.2018 u/ss. 406, 420, 467, 468, 471, 506 read with 120B of IPC has been registered by PS. Section-37, Gurugram. 10.3 Vide Order dated 23.08.2018 by the ASJ Gurugram in the Bail Application filed by the Mr. Laxmi Raj Singh, Ms. Manju Solanki (Director of Applicant Company) and Mr. Vikas Solanki (Director of Applicant Company) the Hon ble Court rejected the bail application of the said persons. 10.4 Vide Orders dated 25.10.2018 the Hon ble High Court of Punjab & Haryana dismissed the bail applications of Mr. Vikas Solanki and Mr. Laxmi Raj Singh. 10.5 The said persons thereafter filed a SLP before the Hon ble S .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... 14. The records show that there has been detailed correspondence between the parties regarding excess charges billed by the applicant since 14.07.2016. It is also seen that five debit notes of ₹ 60 lakhs in total were paid by the applicant to the Corporate Debtor and the correspondence shows that the dispute was not settled with the payment of these debit notes. A copy of the FIR filed in Gurgaon Police Station by the Director of the Corporate Debtor against Mr. Laxmi Raj Singh, Manju Solanki, Vikas Solanki, Mr. Anil Khatana (Directors/employees of the Operational Creditor) on 25.06.2018 has also been filed before us. However, the same was not disclosed in the petition, even though the same it was filed on 17.08.2018. Similarly, deta .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ation before the Adjudicating Authority for initiating a corporate insolvency resolution process (Emphasis added). 16. As the Corporate Debtor s reply dated 16.01.2018, had clear indication of dispute, the present petition filed by the applicant is not admissible, as per section 9(1) quoted above. 17. As discussed above, the application is dismissed as it is not admissible under the Insolvency and Bankruptcy Code. 18. We make it clear that any observations made in this order shall not be construed as an expression of opinion on the merit of the controversy and the right of the Applicants before any other forum shall not be prejudiced on account of dismissal of the instant application. Let copy of the order be served on the parties. - Insolv .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||