TMI Blog2021 (6) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... he operational debt has become due and default has occurred and application being complete needs to be admitted. 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 is 16.05.2019, and the present application was filed on 06.12.2019, hence the debt is not time barred and the application is filed within the period of limitation. The present application is complete and the Applicant is entitled to claim its dues, 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 - Moratorium declared. - Company Petition No. IB- 3393/ND/2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 31.10.2018 to 13.03.2019 for various amounts in USD.The goods were supplied by the applicant and were duly received by the Corporate Debtor. 5. The applicant submits that hecd had received the invoices but the payment was not made of the entire amount due and had not raised dispute but the amount remain unpaid. The applicant submits that several emails were sent to the corporate debtor to make payment for the debt due and the debt was duly acknowledged by the Corporate Debtor vide emails dated 11.04.2019, 07.05.2019, 30.05.2019, 03.06.2019 and 05.06.2019, but despite making several assurances to clear their outstanding dues in the said emails, no payments was made by the corporate debtor. 6. The applicant issued a demand notice date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overm ore than 9-10monthsandresultingintoshortageofcashflowmovement. iv. That the corporate debtor had sent a proposal for settlement subject to the terms agreed between the parties. 9. The applicant has filed a rejoinder controverting the averments made in the reply and has asserted as follows: i. That the corporate debtor acknowledge edits liability and due debt in the emails dated 11.04.2019, 07.05.2019, 03.06.2019 and 05.06.2019. The perusal of the said emails shows that instead of raising any dispute regarding the supply of material, the Corporate Debtor inquired about the quotes for further delivery along with the acknowledgment of its liability to pay to the applicant and gave assurance to the applicant in clearing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions we will make the payment as soon as possible . That the satisfaction of the Corporate Debtor in terms of the goods received (including but not limited to quantity or quality or the time of the delivery) is also evident since no evidence of dispute is placed on record which was sent by corporate debtor before receipt of section 8 notice to the applicant. Whatever dispute mentioned by corporate debtor is only after receiving the section 8 notice which is an after thought to shrug off the liability by the corporate debtor. Hence, the alleged dispute is patently feeble legal argument as described in the judgement of Mobilox Innovations Pvt. Ltd. Vs. Kirusa Software(P)Limited 2017 SCC On Line SC 115 , Hon ble Supreme Court held: 40 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n is admitted, in terms of section 9 (5) of IBC, 2016. 14. Since the Applicant has not proposed the name of IRP, we be and hereby appoint from the list furnished by IBBI,Mr.Umesh Singhal as IRP of corporate debtor having registration number IBBI/IPA-002/IP-N-00124/2017-18/10293 (emailsinghaluk@ Hotmail.com) as IRP subject to the condition that no disciplinary proceedings are pending against such an IRP named who may act as an IRP in relation to the CIRP of the Respondent and specific consent is filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and make disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016 within a period of o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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