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TMI Blog2020 (8) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... . La Nourriture India Specialities Limited / Corporate Debtor had defaulted an amount of Rs. 2,18,437/- (Rupees Two Lakhs Eighteen Thousand Four Hundred and Thirty Seven only) which includes principal amount of Rs. 1,27,074/- and interest @ 24% till 28.08.2019 is Rs. 91,363/-. The details are as follows: Invoice No. Bill Date Due Date Bill Amount in Rs. Receivable (in Rs.) 16011613001246 25-Ju1-16 14-Aug-16 45,500 45,500 16011613001362 01-Aug-16 21-Aug-16 45,500 45,500 16011613002088 09-Sep-16 29-Sep.-16 36,074 36,074 Total 1,27,074 Interest @ 24% till 28.08.2019 (Calculation Sheet attached) A-VII 91,963 Total amount due with interest 2,18,437 Hence, this petition is filed under Section 9 of Insolvency and Bankru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yments but no payments were received from the Corporate Debtor and the Operational Creditor was constrained to issue demand Notice on 05.07.2018 to the Corporate Debtor under Insolvency and Bankruptcy Code, 2016, which was received by the Corporate Debtor on 09.07.2018. iv. It is averred even after the issue of the demand notice, neither received any payment nor any convincing response from the Corporate Debtor and any notice of dispute towards the outstanding payment. Hence the petition. 3. The averments made in the counter filed by the Corporate Debtor are described as follows: i. The Company petition is prima facie not maintainable on the following grounds: a. The Operational Creditor has not filed the record of default alongwith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Agreement for freight services on 03.03.2016 and according to that the Corporate Debtor never placed any orders for transportation of any goods till date and the alleged invoice No. 16011613000785, dated 29.06.2016, for Rs. 45,500/- are not from the Corporate Debtor. Therefore, the Corporate Debtor Company is not liable to pay any single pie to the Operational Creditor. Therefore, the present application deserves to be dismissed in limini. 6. It is averred as there is no signature of the consigner or consignee as the consignment has been received / delivered. No lorry receipts produced in support of the alleged invoices of the Operational Creditor and without filing any proof simply harping on false invoices the Operational Creditor ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to initiate the Corporate Insolvency Resolution Process which is contrary to Section 9(5)(ii)(d) of the Insolvency & Bankruptcy Code, 2016. As such, the provisions of I&B Code, 2016 cannot be invoked and the present petition is liable to be dismissed in limine. 10. Heard the Counsel for Petitioner / Operational Creditor and the Respondent / Corporate Debtor. The Learned Counsel for Petitioner submits that Operational Creditor has entered into a contract on 03.03.2016 for transportation of goods of the Corporate Debtor. 11. Learned Counsel further submitted that Operational Creditor accordingly raised three invoices dated 25.07.2016, 01.08.2016 and 09.09.2016 totaling to Rs. 1,27,074/-. Copies of these invoices are available at pages 25 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner with malafide intention created false documents and filed the present petition. It is further submitted by him that all the three invoices appear to be generated on 25.07.2016, 01.08.2016 and 09.09.2016 and are barred by limitation. To support his aforesaid contention, the learned Counsel for Corporate Debtor has relied upon Hon'ble Supreme Court decision in the case of B.K.Educationa1 Services Pvt. Ltd. vs. Parag Gupta & Associates. In view of this, the Counsel for Corporate Debtor submits that the present petition deserves to be dismissed. 14. We have seen the petition, counter filed by the Corporate Debtor and all averments advanced by both the counsels. It is seen from the copies of three invoices available as Annexure I (page ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in terms of clause 2.4 of the Agreement dated 03.03.2016 as the right to sue under this invoice accrues on 29.09.2016. For the other two invoices for which the due date is 14.08.2016 and 21.08.2016 are clearly barred by limitation as the present petition has been filed on 23.09.2019. The invoice dated 09.09.2016 is only for an amount of Rs. 36,074/- and even if the interest @ 24% is added, the total amount comes to Rs. 61,288/-. This is well below the threshold limit of minimum amount of default of Rs. 1,00,000/- for any petition under section 7 or 9 to be considered/ admitted by this Tribunal in terms of Section 4 of the Insolvency and Bankruptcy Code, 2016. Accordingly, the petition deserves to be dismissed on the said grounds. The peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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