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TMI Blog2020 (4) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... l, New Delhi against the Impugned Order dated 11th December 2019, passed in CP/(IB)1581/ND/2019 under Section 9 of the Insolvency in Bankruptcy Code 2016, whereby the petition was admitted in respect of the Corporate Debtor, M/s Duggal Associates Private limited. Parties are represented by their original status of the petition for the sake of convenience. 2. The brief facts as stated in the petition are as follows; The Applicant contends that the Corporate Debtor approached the operational creditor for the supply of material for roofing etc., carpet export mart, BIDA Carpet City, Bhadohi, UP, and accordingly issued the purchase order No. 37 dated 18th October 2016. Under the said purchase order, the Applicant supplied the materials at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and notice was sent at the registered address, but it was returned with the postal remark "not found‟. But the envelope served at site address at Bhadohi; UP was duly delivered. The corporate debtor was also served with the demand notice u/s 8 on its email address as specified on the MCA portal. 8. The Corporate Debtor despite the service of the demand notices neither submitted reply to the demand notice nor has made any payment of the said outstanding amount of Rs. 42,30,671.90 to the Operational Creditor. 9. The Operational Creditor filed an affidavit in compliance of section 9(3)(b) the "Code‟, stating that no notice of the dispute was raised by the Corporate Debtor. The Applicant also submitted the copy of the statement in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny and has admittedly paid to the Respondent an amount of Rs. 1,38,30,182/-. As regard to the remaining balance of Rs. 28,26,817.95, there were quality issues regarding the materials and the Respondent was aware of the same. The company had issued a debit note of the Rs. 10,94,204/- on the Respondent on account of the quality issue. The parties have been in extensive correspondence regarding the quality issue. But the payment remains outstanding due to the temporary cash crunch. 15. The Appellant further contends that the Corporate Debtor has always been ready to settle the debt and not shying away from the liability of the company and has already paid an amount of Rs. 1,38,30,182/- to the Respondent. 16. We have heard the arguments of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said mail, the Corporate Debtor issued an email dated 20th June 2018, whereby the Corporate Debtor confirmed the outstanding balance of Rs. 28,26,818/- regarding payment against the material supplied by the Operational Creditor Roofs & Ceilings (I) Pvt. Ltd. Scanned copy of the mail dated 19th April 2018 and reply mail dated 20th June 2018 is as under: It is also on record that the Corporate Debtor sent an email dated 27th February 2018, whereby the Corporate Debtor gave an undertaking that on the working process to clear out dues at the earliest. Scanned copy of the mail as under: All these correspondence or before issuance of demand notice dated 28th May 2018 which duly served on the registered office of the Corporate Debtor by email ..... X X X X Extracts X X X X X X X X Extracts X X X X
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