TMI Blog2019 (12) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... tablishing the default in payment of the operational debt beyond doubt, and fulfillment of requirements under section 9(5) of the Code. Hence, the present application is admitted. Application admitted - moratorium declared. - Company Petition No. IB-240/ND/2019 - - - Dated:- 16-12-2019 - Ina Malhotra, Member (J) and Hemant Kumar Sarangi, Member (T) For the Appellant : Sourabh Gupta, PCS For the Respondents : Charu Tyagi, Adv. ORDER Hemant Kumar Sarangi, Member (T) 1. The present application is filed under Section 9 of Insolvency and Bankruptcy Code, 2016 (for brevity 'IBC, 2016'), read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Applicant issued total invoices amounting to ₹ 26,51,303/- (Rupees Twenty Six Lakhs Fifty One Thousand Three Hundred Three), out of which a debit notes were also issued by the Respondent amounting to ₹ 19,788/- (Rupees Nineteen Thousand Seven Hundred Eighty Eight), for Lack of Quantity during the period 16.03.2018 to 17.04.2018. Hence the total dues are ₹ 25,85,612/- (Rupees Twenty Five Lakhs Eight Five Thousand Six Hundred Twelve). 5. In spite of various requests made and reminders sent by the Applicant, the respondent did not reply. On failure to pay the outstanding dues by the Respondent, the applicant sent a demand notice dated 21.07.2018, under Section 8 of the Insolvency and Bankruptcy Code, 2016 to the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... along with the application. 10. After the service of said notice, the respondents have caused appearance in the matter and have filed their reply, in its reply to the present section 9 application, the respondent states that after few months of satisfactory supply of the raw materials, the Operational Creditor had demanded arbitrary and discriminatory increase in the prices of the raw material/fuel supply. It is submitted that the price of the raw material/fuel was ₹ 2,650/- per ton initially as on 30.10.2017, which was increased to ₹ 3,200/- per ton on 08.11.2017, thereafter increased to ₹ 3,300/per ton on 20.11.2017 and further increased substantially to ₹ 3,550/- per ton as on 30.11.2017. The Respondent states ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erial, but also communicated about all the aforesaid discrepancies/factors to the Operational Creditor from time to time. It is pertinent to mention herein, that despite the regular follow-up and alerts by the Respondent, not a single effective step was ever taken by the Operational Creditor to maintain the fuel quality as per the standard conditions. On the contrary, instead of maintaining quality, the Operational Creditor continued to increase the fuel prices. 13. In its rejoinder the applicant states that, there was no prearrangement of the sort regarding the quality of goods to be supplied as has been wrongly stated in the said reply. The Corporate Debtor has stated that, at the time of entering into the contract the material price w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o outstanding dues to be paid to the applicant. There has been much cloud in the submission of the respondent. Therefore, without any specific details of material particulars or evidence the fact of existence of a dispute cannot be sustained. 15. In Innoventive Industries Ltd., (Supra) , the Hon'ble Supreme Court held that pre-existing dispute is the dispute raised before demand notice or invoices was received by the 'Corporate Debtor'. Any subsequent dispute raised while replying to the demand notice under Section 8(1) cannot be taken into consideration to hold that there is a pre-existing dispute. 16. In Mobilox Innovations Pvt. Ltd. Vs. Kirusa Software (P) Limited - 2017 SCC On Line SC 1154 , Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al has jurisdiction to entertain and try this application. 20. The Applicant has proposed the name of Interim Resolution Professional as Mr. Anjum Goyal. In view of the same, this Bench appoints the same Mr. Anjum Goyal, having registration No. IBBI/IPA-002/IP-N00251/20I7-2018/10765, email address is agoyal4u@yahoo.com and contact number is +91-9818812226, as the IRP of the Respondent. The IRP is directed to take all such steps as are required under the statute, more specifically in terms of Sections 15,17,18,20 and 21 of the Code. 21. We direct the Operational Creditor to deposit a sum of ₹ 2 lacs with the Interim Resolution Professional Mr. Anjum Goyal to meet out the expenses to perform the functions assigned to him in accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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