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TMI Blog2022 (4) TMI 1161X X X X Extracts X X X X X X X X Extracts X X X X ..... Limited, under Section 9 of Code 2016 for the alleged default on the part of the Corporate Debtor having an outstanding balance of Rs. 18,67,216/- on account of supply of goods to the corporate debtor. 2. It is pertinent to mention here that deceased Mr. Rajesh Gupta died after filing of the present application his legal heirs had filed an application for substitution of name of the applicants bearing IA 3227/ND/2021. The IA 3227/ND/2021 was allowed by this Tribunal vide order dated 29.07.2021. 3. The details of transactions leading to the filing of this petition as averred by the applicant are as follows:- a. The applicant is engaged in the business of Thermocol trading and supplied goods as per the orders placed by the Corporate Debt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present application is not maintainable. d) The respondent raised objection regarding defect in Demand Notice as the applicant has not annexed the list of the unpaid invoices and any other annexures alongwith the invoices. e) The corporate debtor also raised objection that the applicant has not mentioned a specific date of default in the application and in absence of one fixed date of default mentioned in Partly of the application, the application is liable to be dismissed. f) The respondent also raised objection regarding pre-existing dispute between the parties. The respondent has relied upon the email dated 25.12.2018 sent to applicant specifying defects in goods supplied by the applicant and it is stated that the said defects wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which the corporate debtor assured to make payment to the applicant. 6. We have heard the arguments and thoroughly perused the case records. The corporate debtor has raised objection that the Demand Notice sent by the applicant is defective as copies of invoices were not attached with the Demand Notice. In this regard it is seen that the invoices were duly received by the respondent which is evident from sign and seal of the company on the copies of the invoices. Since, the respondent had already knowledge about the invoices, the objection is not tenable. 7. So far as the question of maintainability of application on behalf of sole proprietorship is concerned. The present application has been filed by Shri Rajesh Gupta being sole propri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SCC 353 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 authority must reject the application under Section 9(5)(2(d) if notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility. It is clear that such notice must bring to the notice of operational creditor the "existence" of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending between the parties. Therefore, all that the adjudicating authority is to see at this stage is whether there is a plausible contention which required further investigation and that the "dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upta, as the Insolvency Resolution Professional of the corporate debtor. 12. We direct the applicant to deposit a sum of Rs. 2 lacs with the Interim Resolution Professional, namely Mr. Dharm Vir 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 shall be paid back to the Operational Creditor. 13. As a consequence of the application bein ..... X X X X Extracts X X X X X X X X Extracts X X X X
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