TMI Blog2020 (12) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of dispute to the operational creditor about the quality of goods supplied. Further no damage/counter claim has been lodged. When there is absolutely no document or particulars to support the claim of existence of dispute, the mere claim of dispute rose in the reply and in the pleadings in defence can be termed as vague and motivated to evade the liability. That the authenticity of facts can only be ascertained by supporting evidence and Mere submission would not be taken into consideration. The operational creditor has clearly established the existence of debt and default on the part of the corporate debtor - this Tribunal initiates CIRP on the corporate debtor with immediate effect. Application admitted - moratorium declared. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent was made in respect of any specific bill. d. That the operational creditor raised its last bill dated 03.09.2016 for the amount of ₹ 47,252/- which was duly delivered to the corporate debtor. Copy of email dated 13.11.2019 which was duly received from its delivery company i.e DTDC Jaipur has been placed on record. e. That the operational creditor sent a Demand Notice dated 18.05.2019 demanding payment of an unpaid operational debt as per provisions under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 via Speed Post. Copy of the Demand Notice dated 18.05.2019 demanding payment in prescribed Form 3 under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the allegations made in the reply of the corporate debtor and further submitted that: a. In respect to the Demand Notice: That the demand notice was served thrice by the Operational Creditor on the registered address as per the website of Ministry of Corporate Affairs, Government of India, by the RD, AD Post, however it remained undelivered. Also the operational creditor delivers the goods for several years to the Corporate Debtor on the same registered address. Further served by email, which was read 6 times, but chose not to reply to the same. b. Further in respect to the Claim barred by limitation, it is submitted that the last payment received from the Corporate Debtor was for an amount of ₹ 50,000/- and the same can b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urier service is highly doubtful. 4. We have gone through the documents filed by the petitioner and heard the arguments made by the counsel of the petitioner. A persual of the correspondence indicates that there are no documents on record to show the communication of dispute to the operational creditor about the quality of goods supplied. No complaint filed in respect of the same on record. Further the Corporate Debtor has not referred to any specific material nor any specific quality issue. 5. There has been much cloud in the submission of the respondent. Further there is nothing on record indicating the communication of dispute to the operational creditor about the quality of goods supplied. Further no damage/counter claim has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. (2) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section (1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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