TMI Blog2021 (4) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... no doubt that the default has occurred with respect to the payment of the operational debt of the applicant. From the records and the reply of the corporate debtor to the present application, it cannot be inferred that dispute of the corporate debtor is of genuine nature, which merely is a moonshine dispute. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The date of default as per Form V occurred on 17.08.2018 and the application is filed on 18.10.2019, hence the debt is not time barred and the application is filed within the period of limitation. In the given facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. Application admitted - moratorium declared. - Company Petition No. (IB)-2992(ND)/2019 - - - Dated:- 13-4-2021 - DR. DEEPTI MUKESH HON BLE MEMBER (JUDICIAL) AND MS. SUMITA PURKAYASTHA HON'BLE MEMBER (TECHNICAL) For the Applicant : Adv Mr. Rahul Pandey For the Corporate d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has replied to the demand notice and has admitted the liability of Rs. ₹ 22,17,175/- and has agreed to make payment but no payment was made till date. It was stated by the corporate debt or that the applicant has incorrectly raised Invoices worth ₹ 24,49,910/-. The debit note was raised by the corporate debtor dated 16.04.2019 of value ₹ 24,49,910/- and FORM GSTR-3B was filed as well. Secondly, Invoices worth INR 17,65,750/- are not due as per the corporate debtor. It is further stated that as mutually agreed, payments were to be made by the corporate debt or to the applicant only after they were received from the end customer i.e. Madhya Pradesh UrjaVikas Nigam Limited (MPUVN). MPUVNL has withheld a portion of the payment for all parties who participated in the project. The applicant s portion of withheld payment amounts to ₹ 17,65,750/-. 7. The Applicant submits that the claim of default by the corporate debtor is filed with the Information Utility NESL has been filed dated 14.10.2019. No dispute was raised by the Corporate Debtor for their liability. 8. Hence, the Applicant filed present Application on 18.10.2019 under section 9 of IBC, 2016 and ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d alleged debit note was received by the Applicant with the letter dated 15thOctober, 2019 and not before that which is much later than issuance of section 8 notice. Further that in the letter, the Corporate debtor has sated the reason for Over Invoicing Amount of ₹ 14,19,910/- which are clearly contradictory with the narration of the Debit Note as an afterthought to misguide, as the said Debit Note do not provide any details for showing the particulars of any invoice or material on which the amount was pertaining and debited. Further, it was issued after lapse of substantial time period, even after consumption./ further supply of the material to the end users, which is also against the principle of natural justice. 15. The applicant submits that the Corporate debtor has stated false reasons for disputing the demand at the portal of the Information Utility (NESL) on 23.10.2019 after the issuance of Demand Notice dated 12.09.2019 stating that the applicant has unfairly and illegally raised invoices over and above the rates and terms it were mutually agreed.. It is very clear that the Corporate debtor has raised dispute after receipt of the demand notice, which cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious defence which is mere bluster. In view of above observations, the dispute raised by the corporate debtor does not categorized as dispute as reproduced above, and the plea of dispute is nothing but moonshine defense, created by Corporate Debtor against the applicant without any evidence and hence merit, which is clear after thought to defeat the claim of applicant. 18. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 19. The date of default as per Form V occurred on 17.08.2018 and the application is filed on 18.10.2019, hence the debt is not time barred and the application is filed within the period of limitation. 20. In the given facts and circumstances, the present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. 21. The Applicant has named the Insolvency Resolution Professional, to be appointed by the order of Tribunal, as Mr. Rajesh Loh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
