TMI Blog2022 (4) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... tor. Though the corporate debtor has raised dispute with regards the defective goods, but has not placed on record any document which proves the invoices were disputed. In view of the cheques issued and amount paid by corporate debtor. 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. This leaves no doubt that the default has occurred for the payment of the operational debt to the applicant and the so called dispute raised by the corporate debtor is merely a moonshine dispute. The applicant has established its claim which is due and payable by the corporate debtor. The prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and ledger of the corporate debtor maintained by the operational creditor for the period of 01.04.2018 have been placed on record. e. It is submitted that the Bank statements of the operational creditor for the months December 2018 and January, 2019 wherein deposits are made or credits received by the operational creditor in relation to the business dealings with the corporate debtor has been placed on record. f. Further despite several requests made by the operational creditor to make payment of the said unpaid operational debt, the corporate debtor failed to make any payment. g. It is submitted that payments under the respective invoices were raised and were supposed to be cleared immediately on such date which are as foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he event of any defective/inferior quality supplied by the operational creditor leads to the low revenue from the respondent customer. b. It is submitted that despite the regular follow-up and alerts by the respondents not a single effective step was ever taken by the operational creditor to maintain the product quality or replacement of the products. c. It is submitted that the respondent paid ₹ 5,00,000/- through DD no. 621201 drawn on Punjab National Bank dated 22.03.2019 to the operational creditor con 25.03.2019 before Ld. MM, Hon'ble District Court, Tiz Hazari in order to settle its previous balance of good quality products received. d. Further the dispute had already been raised by the corporate debtor much b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. In view of the cheques issued and amount paid by corporate debtor. 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. 7. This leaves no doubt that the default has occurred for the payment of the operational debt to the applicant and the so called dispute raised by the corporate debtor is merely a moonshine dispute as laid down in Mobilox Innovative Private Limited vs. Kirusa Software Private Limited , the Hon'ble Supreme Court observed: It is clear, therefore that once the Operational creditor has filed an application, which is otherwise complete, the adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication to Adjudicating Authority) Rule, 2016 and made disclosures as required under IBBI (insolvency Resolution Process for Corporate Persons) Regulations, 2016. 10. We direct the applicant to deposit a sum of ₹ 2 lacs with the Interim Resolution Professional, namely Mr. Chetan Gupta to meet out the expense to perform the functions assigned to him in accordance with regulation 6 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Person) Regulations, 2016. The needful shall be done within one week from the date of receipt of this order by the Operational Creditor. The amount however be subject to adjustment by the Committee of Creditors, as accounted for by Interim Resolution Professional, and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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