TMI Blog2021 (9) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... voice raised by applicant was ever disputed by it after issuance, in fact part payment was also made during April, 2019 to the applicant after receiving invoice. It is clearly established that the default in payment of the operational debt has occurred by the corporate debtor. Though the corporate debtor has raised dispute with regards the defective services, but has not placed on record any document which proves the invoices were disputed even after validation of the data. There is no merit in the so-called dispute raised by the corporate debtor as mere reply filed by the corporate debtor to the present application, is unable to establish any pre-existing dispute of genuine nature. Moreover, there are data for leads generated which was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnexed. b. It is submitted that the corporate debtor had written specific emails to the operational creditor validating the number of leads with amount payable generated from the marketing campaigns which were undertaken by the operational creditor on behalf of the corporate debtor. c. Further it is stated that for the services performed, invoices were raised by operational creditor for total amount of ₹ 5,31,460/- but only an amount of ₹ 59000/- was paid by the corporate debtor and an outstanding amount of ₹ 4,72,460/- is still due and payable. d. It is further submitted that the data for leads generated in the month of March 2019 by operational creditor was validated vide email dated 10th April, 2019 by co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficiency in the services given by the operational creditor to the corporate debtor for which the corporate debtor had raised concerns through emails and whatsapp messages to concerned officer of the operational creditor. Further the corporate debtor raised its first dispute vide email dated 18.03.2019 stating to pause the campaign. 3. In this regard, the applicant has denied the allegations made in the reply of the corporate debtor and further submitted in rejoinder that: a. In respect of the pre-existing dispute, it is mentioned that whatsapp chat is the feedback of the corporate debtor at the time when the campaigns were running, however the final leads were approved only for the successful campaigns and successful leads is clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during April, 2019 to the applicant after receiving invoice. 7. Considering the documents on records and submissions made, it is clearly established that the default in payment of the operational debt has occurred by the corporate debtor. Though the corporate debtor has raised dispute with regards the defective services, but has not placed on record any document which proves the invoices were disputed even after validation of the data. There is no merit in the so-called dispute raised by the corporate debtor as mere reply filed by the corporate debtor to the present application, is unable to establish any pre-existing dispute of genuine nature. Moreover, there are data for leads generated which was validated vide emails and only thereaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roposed the name of an IRP, therefore, this bench appoints Mr. Santanu Kumar Samanta, as the Insolvency Resolution Professional of the corporate debtor. The registration number of the IRP being IBBI/IPA-001/TP-P02324/2020-21/13511 and email id. santanukumar@vahoo.com. IRP above named is appointed subject to the condition that no disciplinary proceedings are pending against him. The specific consent is required to be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and made disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016. 11. We direct the applicant to deposit a sum of ₹ 2 lacs with the Interim Resolution Professi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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