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2019 (9) TMI 1447

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..... to which, Ld. Counsel for the petitioner seeks to explain that even after the payment has been made, a claim still exists in a sum in excess of Rs. one lakh which remains unpaid and in the circumstances, this Tribunal has the pecuniary jurisdiction to entertain this petition and dispose off the petition on merits. Thus, having accepted the payment from the CD, it is incumbent to the petitioner to either withdraw the petition and not to proceed with the petition or alternatively, should not have accepted the amounts at all more so it was posted for arguments and to persist with the Petition based on representation. However, the Petitioner having chosen to accept the payment in relation to the claim and even though in part and for the bala .....

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..... Professional (IRP). Part-IV of the Petition details about the transactions giving rise to the operational debt as well as the default in relation to the said debt and the amount in default is claimed to be a sum of Rs.,21,02,449/- and that the said amount remains outstanding as from the issuance of the demand notice according to the petitioner from 17.1.2019. Clause 8 of Part-V details about the documents filed in support of the claim including the Invoices which have given rise to the operational debt. In relation to the petition, upon notice being served, the CD, from the records, it is evident has filed a reply on 03.5.2019. It is seen that the Corporate Debtor, even though admits to the liability in relation to 22 Invoices, ho .....

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..... ately posted today on 05.9.2019. During the course of the submissions, it is brought to the notice of this Tribunal by the CD that they have remitted a sum of ₹ 13,23,953/- vide RTG clearing on 08.8.2019. When this Tribunal confronted, Ld. Counsel for the Petitioner of the Order dated 22.7.2019 and as to how the Petitioner, when the Petition is pending before this Tribunal, the Petitioner has accepted the payment in relation to the claim, to which, Ld. Counsel for the petitioner seeks to explain that even after the payment has been made, a claim still exists in a sum in excess of Rs. one lakh which remains unpaid and in the circumstances, this Tribunal has the pecuniary jurisdiction to entertain this petition and dispose off the pe .....

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