TMI Blog2019 (9) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... e limitation. Admittedly, the instant petition is filed basing on the goods supplied in the month of September, 2014 and the corresponding invoices issued thereon i.e. in the month of September, 2014 itself. Thereafter, there was no payment made by the respondent-corporate debtor, which can extend the period of limitation. There was no acknowledgement of debt, except seeking information with regard to the claim of the petition, by the Administrator of the respondent-corporate debtor. The petition is dismissed being barred by the period of limitation. - CP (IB) NO.77/CHD./HP/2019 - - - Dated:- 25-9-2019 - Ajay Kumar Vatsavayi, Judicial Member And Pradeep R. Sethi, Technical Member Aditya Grover, Adv. and Mukesh Sukhija, Adv. fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the supplies made by the operational creditor. The operational creditor issued various invoices/bills to the tune of ₹ 42,31,980.08/- on the corporate debtor from 03.04.2014 to 29.08.2014. Copy of these invoices are being placed as Annexure A-3 (Colly) of the petition. The corporate debtor returned goods worth ₹ 27,794/- thereby leaving the net balance of ₹ 42,04,186.08/- only as on 10.03.2016. Copy of the request letter of the returned goods is marked as Annexure A-6 of the petition. It is also stated that a running account of corporate debtor was maintained by the operational creditor however, later on the corporate debtor stopped making payment against these invoices issued by the operational creditor. 4. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the similar petition under Section 9 of the Code was instituted by the Operational Creditor against the corporate debtor before this Tribunal with CP (IB) No. 335/Chd/HP/2018 and vide order dated 25.10.2018 a defect was noticed in the demand notice in Column 7 of Form III. During the course of hearing, the learned counsel for the petitioner sought permission to withdraw the petition with liberty to file fresh petition on the same cause of action. Hence, this present petition. 8. A fresh demand notice dated 26.10.2018 in Form No. 3 is stated to be issued again on the corporate debtor alongwith the notice as prescribed in Form 4 is being placed as Annexure A-15 (Colly) of the petition. Copy of the speed post receipt alongwith tracking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. Vide order dated 25.02.2019, Mr. J.S. Bhatia, Advocate for the Administrator of the respondent-corporate debtor was present and accepted the notice on behalf of the respondent-corporate debtor. 13. The corporate debtor filed reply dated 23.04.2019 (Diary No. 2241 dated 20.05.2019). It is stated in the reply that Mr. Justice Manmohan Sarin (Retd.) was appointed as an Administrator of the corporate debtor by virtue of order dated 31.01.2014 by the erstwhile Company Law Board with the consent of the parties and the stakeholders involved. Copy of the order of Company Law Board is placed as Annexure R-1. It is further submitted that the present petition is a proxy litigation filed on the behest of Mr. H.S. Ghai, Ex-Director of the corpora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts own management and Mr. H.S. Ghai is neither the member of the Governing Body and nor is the employee of the operational creditor. It is further averred that the petitioner has no relation with the Ex-Director of the corporate debtor in any manner with regard to the present matter. 17. It is further stated that a meeting was held in the month of April 2014 wherein the Administrator of the corporate debtor requested the management of the petitioner Society to continue the supplies of the material to the corporate debtor and further assured to pay the entire outstanding amount of the petitioner society. In this regard, the Administrator issued various cheques from time to time for the supplies ranging from the period of April, 2014 to Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or. 23. However, we agree with the submission made by the respondent's counsel with regard to the limitation. Admittedly, the instant petition is filed basing on the goods supplied in the month of September, 2014 and the corresponding invoices issued thereon i.e. in the month of September, 2014 itself. Thereafter, there was no payment made by the respondent-corporate debtor, which can extend the period of limitation. There was no acknowledgement of debt, except seeking information with regard to the claim of the petition, by the Administrator of the respondent-corporate debtor. 24. The submission of the petitioner that Annexure A-6, letter dated 10.03.2016 of the respondent-corporate debtor returning certain goods supplied by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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