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2019 (1) TMI 1655

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..... 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 the said notice was received by them on 09/10th of January, 2018 and they had replied to it on 16.01.2018. The present petition was filed on 17.08.2018, more than six months after receipt of the said reply - 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). The application is di .....

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..... anted 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 and Cargo India Private Limited v. Corporate Debtor India Pvt. Ltd. , the correct cause title stated to be Beacon Courier and Cargo India Pvt. Ltd. v. Trim India Pvt. Ltd. It is stated that the mistake occurred due to a typographical error. 4. The particulars of operational debt have been given in part 4 of the application for initiation of Corporate Insolvency Resolution Process. It is stat .....

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..... as 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 in order to reply the abovementioned legal notice of yours, on merit require some time and the same cannot be replied in 15 days as asked in the notice . 5.1 Subsequently, the Corporate Debtor sent another reply dated 01.03.2018 to the same demand notice. In this reply, also it is stated that there is no outstanding and reconciliation of the dues is being done. It is stated that the Corporate .....

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..... ebit 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 several meetings between the parties and attached the copies of email regarding the same. 9. The Corporate Debtor has also pointed out certain defects in the demand notice dated 30.12.2017 sent by the Applicant under IBC are mentioned below: - a. The Notice was not signed by any Authorised Representative contrary to Form 3 and Form 4. Only to signed by some employee related to HR work. b. No copies .....

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..... ompany) 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 Supreme Court of India and since the Hon ble Court was not inclined to give bail to the said persons, the same was withdrawn on 30.11.2018. 11. Copies of the relevant Court orders and correspondence between the parties have been enclosed along with the written submissions. 12. A copy of the statement of bank account where deposits are made or credits received normally by the petitioner (Operat .....

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..... 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, details of the pending court cases were not disclosed. 15. We have perused the record and considered the averments and arguments made by both the parties. We find 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 deb .....

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