TMI Blog2022 (6) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... he same. The corporate debtor had categorically denied to accept the said accounts and in reply to various emails of the applicant, corporate debtor had raised dispute. It is clear that a dispute was in existence prior to issuance of the statutory demand notice under Section 8 of the Code. There is sufficient evidence to prove the pre-existence of dispute. Hon ble Supreme Court held in the matter of Mobilox Innovative Private Limited vz. Kirusa Software Private Limited [ 2017 (9) TMI 1270 - SUPREME COURT ] that in case of genuine dispute raised by the corporate debtor, the application cannot be admitted The instant application cannot be considered for admission and needs to be rejected. - CP (IB) 430/NCLT/AHM/2019 - - - Dated:- 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of business the applicant had supplied M S Scrap to the corporate debtor and had raised invoices on different dates. Details of the operational debt payable by the corporate debtor as on 04.03.2019 are reproduced hereunder: Particulars Amount in Rs. Financial Year 2017-18 Total sales made during FY 2017-18 (Total number of sales invoices are 172 12,56,93,735/- Less payment received/purchases made during 10,97,79,688/- FY 2017-18 Total principal outstanding as on 31.03.2018 1,59,14,047/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is legitimately payable to the applicant; There are different qualities of MS scrap and the rates are different for different qualities; The quality of the supplied MS Scrap found other than as against the confirmed terms and conditions of supply, and after discussions with the applicant the rates were confirmed and it was agreed that the difference of price either adjusted in the rate of the next supply or by issuing debit note; During July, 2018, an offence was registered against the applicant by the Directorate General of GST Intelligence, Jamshedpur in connection with GST evasion wherein the applicant and his associate firms were found involved in huge GST evasion. The applicant was arrested by DGGI, Jamshedpur, sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant firm Mr. Dinesh Vyas is associated as proprietor/director of five different firms/companies viz. (i) Shrimali Alloys, (ii) Shrimali Industries Private Limited (Unit -I, Gandhidham), (iii) Shrimali Industries Private Limited (Unit II, Gandhidham/Rajkot), (iv) Shrimali Industries Private Limited (Unit III, Jodhpur) and (v) Vaibhav Enterprises. All the five units used to supply metal scrap to the corporate debtor. MS Metal scrap comes in different qualities. Applicant used to supply metal scrap from 2013-14 upto 2018-19. Initially, till 2016-17, the applicant had supplied appropriate quality of scrap under appropriate invoices. In 2017-18 and 2018-19, the applicant started supplying inferior quality of scrap. Because of this, more product ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application. 11. As per part IV, form 5 date of default occurred on different dates starting from 02.04.2018 to 20.07.2018, as per the table annexed to the application. The application is filed on 03.05.2019, which is within limitation and not barred by law. 12. Heard submissions and perused the documents on record. The corporate debtor has brought on record details of purchase and amount deductible towards inferior quality goods supplied by the applicant as well as revised bill amount payable as on 02.09.2018. 13. On perusal of the records it is found that the corporate debtor has contended that the applicant had supplied inferior quality scrap and but raised invoices of higher quality products. Mr. Chandan Dave from the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spute while replying to said statutory notice and contested the debt. 14. From the above discussions it is clear that a dispute was in existence prior to issuance of the statutory demand notice under Section 8 of the Code. There is sufficient evidence to prove the pre-existence of dispute. We are supported by the judgement of the Hon ble Supreme Court in the matter of Mobilox Innovative Private Limited vz. Kirusa Software Private Limited that in case of genuine dispute raised by the corporate debtor, the application cannot be admitted, the relevant para is reproduced hereunder: 40. It is clear, therefore, that once the operational creditor has filed an application, which is otherwise complete, the Adjudicating Authority must rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
