TMI Blog2021 (10) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... rporate debtor's client, namely, M/s. Mahe Convention and Events Centre, Kannur was constrained to stop the entire projects. However, it is a fact borne on record that based upon the amendment letter which has been issued during the month of October, 2016 the goods which were at the customs house, were ultimately cleared in the name of the new consignee, viz., M/s. Mahe Convention and Events Centre, Kannur and not by the corporate debtor. The operational creditor in their rejoinder has not disputed the said fact that the consignment has been cleared by, viz., M/s. Mahe Convention and Events Centre, Kannur. Hence, this Tribunal is of the view that there is no due which is liable to be paid by the corporate debtor to the operational cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y air and sea. 3. Learned counsel for the operational creditor submitted that as per the terms of engagement, the operational creditor has provided services to the corporate debtor and after providing the services, it was submitted that the operational creditor has raised invoices to the tune of ₹ 7,49,672 which are detailed as hereunder : Amount outstanding, date of default and interest calculation sheet Sl. No. Inv. No. and date Inv. amt. Dt. of occurrence of default (i. e., upon -expiry of 30 days from -dt. of inv. Int. amt. @ 18% as stated as per inv. terms till 20-11-2017 Inv. outstanding amt. as on 20-11-2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Total 7,49,672.02 1,27,017 8,76,689.02 4. It was further submitted by learned counsel for the operational creditor that as per the terms and conditions, the invoices need to be cleared within a period of 30 days from the date of raising the same and as such the corporate debtor had committed default in not paying the sum of the operational creditor. 5. Learned counsel for the operational creditor submitted that since no money was forthcoming from the corporate debtor, the operational creditor has issued a demand notice in form 3 as stipulated under section 8 of the IBC, 2016 to the corporate debtor on November ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectively. 8. It was submitted that the corporate debtor vide its letter dated October 3, 2016 and October 26, 2016 informed about the sale of the consignment to the Deputy Commissioner of Customs as well as to the operational creditor herein and sought the operational creditor to issue an amendment letter based on which the new consignee could clear the cargo. Further, it was submitted by learned counsel for the corporate debtor that the project did not go through since the entire project site was reported to be falling within the No Development Zone as the layout of the Auditorium is superimposed in the Coastal Regulation Zone and hence no construction was permitted. 9. It was submitted that the operational creditor is well awa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consignee is liable to clear the dues as per the high sea sale agreements and the amendment orders. Hence, it was submitted that the corporate debtor does not owe any money to the operational creditor and the operational creditor is guilty of suppression of facts and the corporate debtor seeks dismissal of the present application. 11. The operational creditor has filed the rejoinder and has sought only to rebut the contention in relation to the balance confirmation and however has not made any averments in the rejoinder as to the consignment which has been cleared by the new consignee. Further, in the rejoinder, the operational creditor has also not denied the fact that the cargo has been cleared by the third party. 12. Heard the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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