TMI Blog2018 (1) TMI 1578X X X X Extracts X X X X X X X X Extracts X X X X ..... ails. From the various emails, it is apparent that disputes existed even prior to the issuance of notice under Section 8. Notwithstanding that the notice for arbitration may have been given around the same time as the notice u/s 8 of the Code by the Operational Creditor, but the copious emails on record are sufficient to show the dissatisfaction over the documentation, raising the element of deficiency in services rendered had been raised long back - it appears that the payments were withheld on account of a dispute, the prayer of initiating Insolvency Resolution Process cannot be granted. Petition dismissed. - (IB) No. 480/(ND)/2017 - - - Dated:- 15-1-2018 - Smt. INA Malhotra, JUDICIAL MEMBER AND S.K. Mohapatra, TECHNICAL MEMBER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to Delhi Jurisdiction . 4. It was submitted by the Operational Creditor that the Corporate Debtor vide its email dated 19.04.2017 had duly admitted the amount due to the Operational Creditor as ₹ 14,15,923.65/- which is in consonance with the ledger account maintained by the Operational Creditor reflecting the unpaid liability. As per averments, the operational Creditor submits that despite the said acknowledgement, the Corporate Debtor has not taken any steps to reduce the liability, constraining them to issue notice under Section 8 of the Code which was duly served on the Corporate Debtor. It is submitted that it was only subsequent to the notice issued that the Corporate Debtor sent a notice of dispute proposing arbitration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. DEPB/DEEC/EP copies/Advance License if any within 15 to 30 working days from the date of shipment, subject to clearance and certifications of documents by customs . 8. It is submitted that though there was no formal agreement between the parties, the Corporate Debtor, being the sister concern of M/s. SSMP Industries Ltd., was also provided with the services on the same terms and conditions. The Management of SSMP and the Corporate Debtor DBA Enterprises was common and the bills were discharged from the accounts of either company. The registered office of both the companies was the common address, and the liability of one was discharged by the other. The Corporate Debtor submits that on exports made by them and M/s. SSMP, they were ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The correspondence in this regard started as far back as on 18.04.2016 and has been annexed to the reply. It is further submitted that the email dated 19.04.2017 relied upon the Operational Creditor alleging it to be an acknowledgment of debt is false. The said email is reproduced as under : Dear Mani. Please find attach Copy of Ledger of SSMP and DBA and request you to reconcile the same and revert back if any discrepancy. Thanks Regards Ld. Counsel for the Corporate Debtor submits that the aforesaid mail cannot in any be construed as an acknowledgement of Debt. 9. Upon perusal of the documents, it is noticed that the email relied upon by the Operational Creditor and the Corporate Debtor are addressed to Mr. Dhananjay Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X
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