TMI Blog2021 (7) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... e is decided in favour of the petitioner. Whether the petitioner has proved the existence of an enforceable debt and the liability to pay the same by the corporate debtor? - HELD THAT:- It is not in dispute that the respondent-corporate debtor vide Annexure 5 warning notice has raised serious allegations of breach of the contract, malpractice, defective and substandard supply of machinery and threatened to revoke/cancel the contract between the parties. The petitioner failed to show the settlement of those disputes either before issuance of the demand notice or thereafter. In the absence of the same, it is to be concluded that there is a pre-existing dispute between the parties and that the CP is liable to be dismissed on this ground - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 78,18,17,060/-. Copy of Master Data of corporate debtor is found attached as Annexure A-1 of petition. 3. The facts of the case, briefly, as stated in the petition are that the operational creditor is engaged in the business of fabrication and manufacturing of various equipment for solid waste management and municipal garbage handling. The corporate debtor is working on integrated solid waste management project in Lucknow, U.P. and for functioning of the said project, the operational creditor has supplied equipment, spares and repaired several existing equipment over last one year to corporate debtor. It is stated that the operational creditor raised various invoices from 09.11.2017 to 22.10.2018 aggregating to ₹ 1,30,50,05 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IP-P000010/2016-17/10016 as the Interim Resolution Professional. The consent of the proposed IRP furnished in Form 2 is placed at Annexure A-3, in which he has stated that he is currently serving as a Resolution Professional in one another proceeding. It is also stated that there are no disciplinary proceedings pending against the professional with the Board or with Indian Institute of Insolvency Professional of ICSI. 8. Notice of this petition was issued to the corporate debtor on 15.03.2019 to show cause as to why this petition be not admitted. 9. Respondent-corporate debtor filed reply vide Diary No. 4548 dated 03.09.2019, in which it has been stated that the respondent is not in receipt of any demand notice from the operational cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A/1 A/2. 11. We have heard the learned counsel for the petitioner and corporate debtor and have perused the records. 12. The first issue to be decided is whether the statutory demand notice was validly served on the respondent-corporate debtor. It is the case of the petitioner that a statutory demand notice was issued on 02.01.2019 to the registered address of the corporate debtor, however, the same was undelivered. Thereafter, the demand notice was delivered to the corporate debtor by hand vide Annexure A-9 receipt. The respondent-corporate debtor contends that the demand notice was not delivered as evidenced by Annexure A-10 tracking report and that the alleged delivery by hand vide Annexure A-9 through its Watchman is invalid. Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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