9911796707
TMI Blog2020 (2) TMI 1621X X X X Extracts X X X X X X X X Extracts X X X X ..... or who filed Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC - in short) before Adjudicating Authority (National Company Law Tribunal, Principal Bench, New Delhi) in Company Petition No.(IB)-87 (PB)/2019 against the Respondent-Corporate Debtor. The Application came to be rejected and hence, the present Appeal. 2. In the Appeal, the Appellant has arrayed the Directors of the Corporate Debtor as Respondents 2 to 4. 3. According to the Appellant, the Corporate Debtor had been purchasing goods from the Appellant - Operational Creditor since 2012 and Corporate Debtor (hereafter referred as Respondent) had a running account with the Appellant. The Appellant used to supply the goods and was raising invoices. Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Authority and the Adjudicating Authority wrongly ignored the documents relied on by the Appellant. 5. The Respondent - Corporate Debtor claims that the Appellant and its sister concerns have lodged various litigations against the Respondent Company. The Reply makes reference to the same. Respondent is disputing the claim that there are dues recoverable. According to the Respondent, entire amount on account of 4 invoices referred was discharged by way of debit note bearing date 31st March, 2015 for an amount aggregating to Rs. 24,54,000/- on account of a rate difference and debit note dated 15th April, 2016 for an amount aggregating to Rs. 60,00,000/- on account of short supply. The Respondent has annexed the copy of debit notes as Annex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C' (Reply Diary No.15744). On 28th December, 2015, Appellant had sent an e-mail requesting for 'C' Form. In this e-mail, Appellant made no whisper regarding outstanding liabilities. Respondent claims that even this shows that there were no dues and only 'C' Forms were sought. The Respondent has filed copy of the e-mail at Annexure - D. Respondent claims that in spite of exchange of e-mails, amounts were never claimed till Section 8 Notice was sent in December, 2018. 6. We have heard Counsel for both sides on above lines. They have also filed written submissions. Parties are making various averments against each other on the basis of the correspondence available on record. We have gone through the record and perused the Impugned Order also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ational debt, and therefore the present claim stands extinguished long before in the year 2016. 32. In response petitioner has claimed that the debit notes are forged and fabricated and was received for the first time with the reply dated 28.12.2018. 33. Ordinarily acknowledgements bearing signature and seal of a company are sufficient evidence of receipt. On one hand respondent has not placed any proof of dispatch/delivery of debit notes to the petitioner and on the other hand the petitioner could not confirm whether any FIR was filed or any action was initiated when the alleged unauthorized and illegal use of the seal of the company came to their knowledge. No FIR in this respect has been placed on record. 34. These are matters o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm of corporate insolvency resolution process falls." 8. For such reasons, the Adjudicating Authority concluded that in the factual document, there was existence of real dispute which could not be overruled and was of the view that there was substance and plausible contention in pleadings of both sides which require investigation. The Impugned Order shows that with the limited jurisdiction to examine the claim and defence, the Adjudicating Authority concluded that there was dispute as defined in Section 5(6) of the Code and rejected the Application. 9. We have also gone through the claims being made by the Appellant and claims being made by the Respondents and it appears to us also that the averments and counter averments required trial ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
