2019 (1) TMI 578

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....t the rate of 18oZ has also been claimed. The amount defaulted in the sum stated above, it is averred arises out of Electrical goods which had been supplied to the Corporate Debtor to the sites as directed by the Corporate Debtor and that satisfaction letters have also been given in relation to the delivery of goods to the consignee stated in the respective invoices. Supplies were made, it is averred arises out of seven invoices, the details as stated in the application aggregating in all to a sum of Rs. 63,87,0801- and the invoices were raised during the period 29.06.2017 to 19.01.2018. In relation to the said invoices, payments have been received only to the extent to Rs. 14,00,0591- and the balance sum remains unpaid of Rs. 47,89,021l- w....

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....10.2018. 3 Subsequent to the said date and upon adjournment to 30.11.201g, the matter was fixed for enquiry today i,e. 20.12.2018. Learned counsel for the petitioner is present and insist that the matter be taken up today for enquiry as the matter is pending for long. It is brought to the notice of this Tribunal application has been filed on the part of the Corporate Debtor in relation to order dated 12.10.2018 and in such circumstances a letter for adjournment has been circulated on behalf of the Corporate Debtor, which we are not inclined to entertain the same in the absence of any formal application seeking for setting aside the order dated 12.10.2018 and this Tribunal accordingly proceeded with the enquiry. 4. During the course of....

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....sal in effect is also an acknowledgement, this Tribunal proceeds that Section B notice has been duly served on the Corporate Debtor. In addition, it is also seen that an email communication has also been addressed to the Corporate Debtor to the email ID [email protected] dared 16.05.2018. 6. In relation to the notice of the proceedings, it is evident that the Corporate Debtor is well aware of the proceedings pending before this Tribunal and despite the same has failed to defend its cause. Since a default as claimed by the petitioner arises out of the supply of materials/goods and also taking into consideration that no notice of dispute has been sent in relation to the Section 8, notice being the notice of default sent by the Opera....