TMI Blog2021 (6) TMI 207X X X X Extracts X X X X X X X X Extracts X X X X ..... y when the matter came up for hearing on 16.04.2021, the Corporate Debtor again sought for an adjournment on the pretext that a draft memo in relation to the settlement is yet to be finalized. However, this Tribunal was not inclined to grant any further adjournment and reserved the matter for orders. The Operational Creditor has proved the debt is due and payable by the Corporate Debtor and that the Corporate Debtor has committed default in payment of the said operational debt to the Operational Creditor. Further, the defence as set out by the Corporate Debtor also does not hold any merit in view of the report submitted by the Glass manufacturer stating that the breakage of glass was not due to the manufacturing defect but it is an inherent risk or problem associated with use of tempered glass. Application admitted - moratorium declared. - IBA/775/2019 - - - Dated:- 31-5-2021 - R. Varadharajan, Member (J) And Anil Kumar B., Member (T) For the Appellant : Gaurav Kumar, Authorized Representative For the Respondents : Jayesh Dolia, Advocate ORDER R. Varadharajan, Member (J) 1. This is an Application filed by one Mr. Gopal Das Mundhra, Sole Proprietor of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plying and installation of Fagade Glazing Works and Pergola Skylight Glazing Works and based upon the same, Operational Creditor has supplied the materials and also installed the same in the premises of the Corporate Debtor and in pursuance of the same has also raised three invoices as follows:- (i) Invoice No. 039 dated 28.06.2016 (ii) Invoice No. 116 dated 13.12.2016 (iii) Invoice No. 117 dated 13.12.2016 8. Thereafter it was submitted that the Operational Creditor has submitted the Work Completion Certificate dated 03.01.2017 to the Corporate Debtor and that the Corporate Debtor through e-mail dated 03.08.2017 has accepted the amount due and payable by the Corporate Debtor. Further it was submitted by Learned Authorized Representative for Operational Creditor that the Operational Creditor has obtained an order from the MSME Council vide its order dated 23.08.2018 passed in favour of the Operational Creditor and the amount is due and payable by the Corporate Debtor. 9. It was submitted that in spite of the same, Corporate Debtor has not paid the outstanding amount which is due to the Operational Creditor and hence the Operational Creditor has sent Demand Noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that vide e-mail dated 31.07.2018 the Corporate Debtor had raised discrepancies with regard to the work done by the Operational Creditor such as door corrections as well as glass breakages and requested the Operational Creditor to co-operate in this regard so that issues may be closed amicably. Hence, it was submitted by Learned Counsel for Corporate Debtor that there is a dispute with respect to the claim made by the Operational Creditor and as such he sought for dismissal of the present Petition. 13. The Operational Creditor has filed rejoinder wherein it is sought to contend that in relation to the defence raised by the Corporate Debtor in respect of breakage of glass, it was submitted that on 13.10.2017 itself, the Operational Creditor had sent the experts to collect the samples and submit the same to the glass manufacturer viz., Saint - Gobain and lodged the complaint with the glass manufacturer and subsequently on 16.10.2017 the Operational Creditor by way of e-mail informed the action taken by them to the Corporate Debtor. Thereafter, it was submitted that on 24.10.2017, Operational Creditor by way of e-mail has sent the report of compliance which was received from the gl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icably and sought for adjournments on the said pretext. Finally when the matter came up for hearing on 16.04.2021, the Corporate Debtor again sought for an adjournment on the pretext that a draft memo in relation to the settlement is yet to be finalized. However, this Tribunal was not inclined to grant any further adjournment and reserved the matter for orders. 19. Thus, the Operational Creditor has proved the debt is due and payable by the Corporate Debtor and that the Corporate Debtor has committed default in payment of the said operational debt to the Operational Creditor. Further, the defence as set out by the Corporate Debtor also does not hold any merit in view of the report submitted by the Glass manufacturer stating that the breakage of glass was not due to the manufacturing defect but it is an inherent risk or problem associated with use of tempered glass. 20. Further it is seen that the Application has been filed by the Operational Creditor before this Tribunal on 24.06.2019 and the last date of invoice is being 13.12.2016 as such the Application falls within the period of limitation. Further in relation to the pecuniary jurisdiction enhanced from ₹ 1 lakh to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lar grant or right given by the Central Government, State Government, local authority, sectoral regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminated on the grounds of insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license or a similar grant or right during moratorium period; 22. However, during the pendency of the moratorium period in terms of Section 14(2)(2A) and 14(3) as extracted hereunder: (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. (2A) Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the Corporate Debtor and mange the operations of such Corporate Debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratorium, except where such Corporate Debtor has not paid dues arisin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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