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TMI Blog2023 (11) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-V, by which Section 9 Application filed by the Operational Creditor has been admitted. 3. Operational Creditor was engaged in the business of Sea freight, Air Freight, Container Freight, warehousing service, IATA agents and other business related to maritime and logistics industry. Corporate Debtor through the Director approached the Operational Creditor for providing them services for transporting goods and had made freight bookings of consignment of various shippers through the Operational Creditor. Invoices were issued by the Operational Creditor to the Corporate Debtor under which the amount credit period was 45 days. The payments were not made against the inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervations:- "12. No reply was filed on behalf of the Corporate Debtor despite ample opportunity and vide order dated 18.05.2023 the right to file reply was forfeited." 7. Insofar as the submission of the Appellant that reply to Demand Notice has not been adverted to, suffice it to say that the Adjudicating Authority has adverted to the reply to the Demand Notice in paragraph 15 of the judgment where following observations have been made:- "15. The Petitioner has further proved on record the demand notice dated 31.08.2019 calling upon the Respondent to make the payment of the outstanding dues. In reply dated 09.09.2019 to the demand notice the Corporate Debtor has simply stated that the cheques given as security has been misused to lau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand Notice was issued after expiry of due date in all the invoices. The statement filed along with the Demand Notice clearly indicates that most of the invoices were of June 2019; one was of 04.07.2019 and one was of 08.07.2019. Thus, 45 days of credit period came to an end with regard to all invoices which are part of the Demand Notice. Thus, the submission of the Appellant that no amount became due cannot be accepted. 12. Insofar as the submission that the cheques which were submitted in the Bank by the Operational Creditor were security cheques, these are the issues which need not be adverted to the present proceedings. Section 138 proceedings have already been initiated and that can be looked into in the said proceedings. 13. In view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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