9911796707
TMI Blog2018 (10) TMI 1892X X X X Extracts X X X X X X X X Extracts X X X X ..... kruptcy Code (hereinafter called as "the Code") on the ground that since the Corporate Debtor defaulted in paying Rs. 26,47,48 against the invoices raised by the Petitioner towards the goods supplied to the Corporate Debtor, the Petitioner filed it to Initiate Corporate Insolvency Resolution Process against the Corporate Debtor. 2. The case in brief: The Petitioner is engaged in the business of supplying spare parts and providing repair services to Xiaomi Mobile Phones, since this Corporate approached this Petitioner in the year 2015 and entered into an agreement for supply of the products by the Petitioner, in pursuance thereof, the petitioner supplied goods to the Corporate Debtor from 25.01.2016 till 26.07.2016 and raised invoices again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. Now the point for determination is, whether issuing Section-8 notice without enclosing copies of invoices and then as to non-filing of invoices along with Section-9 Petition will amount to not furnishing of material papers as envisaged under section 9 (2) of the Code or not. 6. Before getting into any further, let us see the templates given as Form-3 and Form-4 to know the difference between two. Form - 3 (Refer clause (a) of sub-rule (l) of rule -5) Form -4 (Refer clause (b) of sub-rule (1) of rule -5) Form of Demand Notice/Invoice demanding payment under the Code Form of Notice with which Invoice demanding payment is to be attached. Under this Form it could be either demand notice or invoice demanding payment, and it has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd services supplied to the corporate debtor, an order of a court of a court upon non-payment of a debt or financial statements. For the system of Information Utility has not properly set in, the only recourse available is to file material papers along with Section-9 Application as set out in the Regulation. 11.1n this case, the document to prove goods supplied is invoices, which the petitioner has not produced before this Bench. That apart, the corporate debtor has not admitted the claim made by the petitioner. In this background, only one conclusion that could be drawn is the petitioner failed to prove the existence of debt. And all we know that the first essential proof required to admit the case is existence of debt, which the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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