TaxTMI 
TaxTMI 
2019 (2) TMI 967
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....chain management as well as of logistic service. As per the request of the cor- porate debtor for availing services, the operational creditor had undertaken to deliver goods of the corporate debtor as per terms and conditions entered into between the operational creditor and the corporate debtor. The operational creditor has delivered the shipment as per the purchase orders issued by the corporate debtor and submitted the invoices along with the proof of delivery for payment but there has been considerable delay in payment of the amount which caused serious hardship to the operational creditor and thereby the operational creditor demanded pay- ment from the corporate debtor but the corporate debtor has failed in pay- ing the amount of Rs. 3,33,171 together with interest thereon at 2 per cent. per month from the date when the said amount becomes due and payable till its realisation. The operational creditor has repeatedly demanded the money from the corporate debtor to pay the entire outstanding amount due to the operational creditor from the corporate debtor. However, the corporate debtor has failed to pay the amount and thereby issued demand notice dated October 29, 2015 demanding....
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.... creditor for delivery in respect of the purchase orders issued is pending for consideration with the operational creditor. Some of the materials entrusted for shipping by the operational creditor has been lost in transit and the loss sustained by the corporate debtor is deducted from the alleged principal amount allegedly due to the operational creditor from the corporate debtor against its unpaid invoices. The application filed by the operational creditor is also barred by limitation as the alleged debt has allegedly fall due on February 28, 2015 and the instant application has been moved more than 3 years thereafter on March 5, 2018. The applicant/oper- ational creditor has filed this application without disclosing material facts and suppressing vital information in order to deliberately mislead this Tri- bunal. The corporate debtor has no liability to pay the alleged principal amount to the tune of Rs. 3,33,170.58 as claimed by the operational cre- ditor being the alleged outstanding amount under purchase order No. 2 is not debt within the meaning of the I and B Code since the same is not pay- able by the corporate debtor to the operational creditor as the corporate debtor has ....
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....laim raised by the operational creditor in the application and therefore, the application is liable to be admitted. 10. Heard both sides. Perused the records. 11. Upon hearing the arguments and on consideration of the contentions raised on both sides, the point that arises for consideration is whether there is pre-existing dispute in respect of the debt allegedly due to the opera- tional creditor, as alleged ? 12. This is an application filed under section 9 of the IB Code, 2016 by an operational creditor who is engaged in the business of supply chain man- agement solution and logistic service. As per the terms and conditions agreed upon between the operational creditor and the corporate debtor in the purchase orders issued by the corporate debtor to the operational cre- ditor, the operational creditor rendered services to the corporate debtor for shipment of the materials supplied to the operational creditor. The oper- ational creditor contends that an amount of Rs. 3,33,170.58 with interest at 2 per cent. per month from the date of default of payment is due from the corporate debtor and despite repeated requests, the corporate debtor failed to pay the entire outstanding ....
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.... 2,671.07 55779001 TRF Ltd. JPS/BIL/2014/0000002 20-4-15 1,685.00 986.07 2,671.07 6. Jamsedpur a/c. Centre 55779001 TRF Ltd. JPS/BIL/2014/0000027 30-4-15 74,117.14 43,617.43 1,17,734.57 7. 15. Jamsedpur a/c. Centre 55779001 TRF Ltd. JPS/BIL/2014/0000023 30-4-15 1,685.40 991.85 2,677.25 Total 3,33,170.58 2,01,682.12 5,34,852.70 15. Learned counsel for the corporate debtor submits that the corporate debtor is not liable to pay the amount because the generation of invoices referred to in the application is a continuation of service rendered by the operational creditor on the basis of purchase order No. 4540003594/75 BMHE dated June 20, 2013 and the purchase order referred to in the appli- cation dated January 30, 2015 is the purchase order issued in continuation of the earlier purchase order which contains the contractual terms and that the invoices generated as per the purchase order referred to above dated June 20, 2013 is under dispute because the material and goods entrusted to the operational creditor for delivery to its customers could not ....
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....igations are not proper on your part and the trust and belief reposed in you is deliberately frustrated by you. 4. You are not expected to raise any lame ground/s to delay the payments and your liability is crystallized as per the unassailable agreement executed by you. 5. You are aware that the agreement entered into with my client contain arbitration clause and in the event of necessity my client is entitled to invoke the arbitration clause and also initiate other legal recourse for recovery of debt, due by you under aforesaid transaction/s. 6. My client sincerely hope that you will not compel my client to initiate legal process including invoking arbitration clause which involves huge cost eventually to be paid by you only. 7. I, therefore hereby call upon you to pay the entire outstanding dues amounting to Rs. 3,33,171 together with interest at 2 per cent. per month from the date when the said amount become due and pay able till its realization, within 10 days from the date of receipt of this notice, failing which my client shall be compelled to invoke the arbi tration clause and appoint an arbitrator for adjudication of disputes, for which y....