TMI Blog2021 (3) TMI 1288X X X X Extracts X X X X X X X X Extracts X X X X ..... by the corporate debtor from the bank account are in gross violation of provisions al the code. It is the contention of the applicant that the respondents being the operational creditors must file their claim before the IRP/RP which be considered in the accordance with provisions of the code. Arguments cf Respondent No.1 that the said payment be allowed, merely on ground that the services were used by the corporate debtor in past as well as continues does not hold water in eyes of law as per the provisions of IBC clearly bars the same. Hence, this bench directs the respondent No. 1 to 5 herein to refund all payments received by them on 19.08.2020 and 20.08.2020 - Application allowed. - Company Petition No. (IB) /2695/(ND)/2019 - - - D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of payment on 20.08.2020 made to Respondent No.3 by corporate Debtor as non-est in law and direct Respondent No.3 to pay to the Corporate Debtor a sum of ₹ 4,08,290/- (Four Lakhs Eight Thousand two Hundred and Ninety only) in the Bank Account bearing No. 00030340025085 in HDFC Baik, Sector 125 Noida Branch; d) Pass an order to declare the transaction of payment on 20.08.2020 made to Respondent No. 4 as non-est in law and direct Respondent a No, 4 to pay to the corporate Debtor a sum of ₹ 1,578/- (Rupees one Thousand Five Hundred and Seventy Eight only) in the Bank Account bearing No. 00030340025085 in HDFC Bank, Sector 125 Noida Branch; e) Pass an order to declare the transaction of payment on 20.08.2020 made to Responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 5- 08- 2020 to 16-08- 2021 20.08.2020 4,08,290 Payment to PF Department : Employer and Employee contribution) For the month of July 2020 20.08.2020 1,578 Employee State Insurance Department: Employer and Employee Contribution for the month of July 2020 20.08.2020 89,694 Adernalin eSystems Limited: Monthly Subscription for Cloud HR platform 20.08.2020 1 1,63,683 GST Department : Goods and service Tax for the month of July 2020 9. The applicant states that the said payments had been made even before the applicant to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the nature of products and services delivered by the respondent No.1 is. great significance for continuing the business. Hence it is for this reaso1 only that the applicant has not challenged the second payment and volunteered to pay the same. c) It is the contention of the respondent no.1 that the order dated 18.08.2020) was passed without giving opportunity to make objections with respect to existing short term liabilities of the corporate debtor. This respondent States that in accordance with the principles derived from Order 39 Rule 3 CPC, the present transaction may be not be recalled. d) The respondent no.1 states that the applicant has admitted that the services of the respondent are in use and shall remain in use till ..... X X X X Extracts X X X X X X X X Extracts X X X X
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