TMI Blog2019 (9) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... igned or transferred. Thus, essential criteria for a Petitioner to satisfy while approaching the Tribunal is that he should be considered as a person under the provisions of IBC, 2016 ans in the instant case since the petition has been filed in the name of RG Steels given as an Applicant, the Applicant does not satisfy the said condition and on this court this petition is liable to be dismissed as not maintainable. Even in relation to merits, it is evident from the reply as sent by the CD to the Demand Notice as issued by the OC dated 20.9.2018, a dispute has been raised in relation to the rate as has been charged by the OC. It is evident from the reply that the supply which has been effected in the relation to Steel @ ₹ 30,800/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Debtor (CD) for the amounts allegedly unpaid and in default. M/s. Berrys Auto Ancillaries Private Limited thereinafter referred as CD is stated to have been incorporated on 10-9-1975. The Nominal and Paid-up Capital respectively of the CD is stated to be ₹ 2,20,00,000/- and ₹ 2,18,51,000/-. Registered office of the CD is stated to be situated at 8/14, East Patel Nagar, New Delhi-110005. The OC has also proposed the name of one Mr. Ashok Kumar Jalan as an Interim Resolution Professional (IRP) in Part-III of the prescribed Application. The amount claimed under two invoices bearing respectively Invoice No. 385 dated 21-2-2017 of ₹ 5,01,131/- and in relation to Invoice No. 389 dated 24-2-2017 to the extent of ₹ 10,15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preferred by M/s. RG Steels stated to be a Sole Proprietary Concern. However, by virtue of definition as contained in section 3(23) of I BC, 2016 a person even though includes an individual it does not include within its ambit a Sole Proprietary Concern. It is also required to note that from the definition as given in section 5(20) of I BC, 2016, an OC has been defined as a 'person' to whom an Operational Debt is owned and includes any person against whom such debt has been legally assigned or transferred. Thus, essential criteria for a Petitioner to satisfy while approaching the Tribunal is that he should be considered as a person under the provisions of IBC, 2016 ans in the instant case since the petition has been filed in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as charged by the OC to the CD had been disputed even prior to the issue of a demand Notice by the OC and specific attention is drawn to the communication dated 15-9-2017 wherein it has been clearly stated in the absence of terms and conditions of Purchase orders containing terms of payment, Discounts rate etc. rate difference etc. reconciliation of the accounts is required for clarity and this has also been followed up at the time of sending reply by way of computational chart as given in Page 60 of the petition itself. Thus, we find that there seems to be a pre-existence of dispute as between the OC and CD in relation to rates charged (and total debt) by the OC to CD and the same being a pre-existing dispute as evident from the documents ..... X X X X Extracts X X X X X X X X Extracts X X X X
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