TaxTMI 
TaxTMI 
2019 (5) TMI 1140
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.... Company Petition against the Resolution Professional (RP), the Corporate Debtor (the debtor) and the Financial Creditor (the Bank) namely, Indian Bank u/s 60(5) of the Insolvency & Bankruptcy Code, 2016 seeking reliefs as mentioned below: 1. For the issuance of direction to the respondents for payment of the entire claim of Rs. 2,39,33,935(Rupees Two Crores Thirty-Nine Lacks Thirty-Three Thousand Nine Hundred and Thirty-Five only) as ordered by the Hon'ble NCLT along with the payment of interest upto date thereon. 2. For the issuance of direction to the respondents for payment of the legal cost incurred by the present application in the matter amounting to Rs. 20,02,445 and Rs.l,79,675 towards initial payment made to the Respondent....
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.... Description of goods Quantity Rate Per Total Amount in Rs. 1. 16-Nov-13 TTC/HSS/NOV-13/12 Cost of Coal lifted by you of our High Seas Sales 528.44 MT 3,838.00 MT 20,28,681.00 2. 16-Nov-13 TTC/DN.NOV13/002 Debit Note - - - 5,94,495.00 3. 25-Nov-13 TTC/HSS/NOV-13/19 Cost of Coal lifted by you of our High Seas Sales 908.180 MT 4,872.00 MT 44,24,653.00 4. 30-Nov-13 TTC/HSS/NOV-13/25 Cost of Coal lifted by you of our High Seas Sales 773.660 MT 4,872.00 MT 37,69,272.00 5. 09-Dec-13 TTC/HSS/DEC-13/09 Cost of Coal lifted by you of our High Seas Sales 823.820 MT 4,872.00 MT 40,13,651.00 6. 24-Dec-13 TTC/HSS/DEC-13/19 Cost of Coal lifted by you of our High Seas Sales 906.660 MT 4,872.00 MT 44,....
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....stoms Authorities by their show cause notice dated 27th March, 2013. For the said reasons, the payment was withheld by giving intimation to the 'Operational Creditor' by letter dated 6th July, 2013, 3. Learned counsel appearing on behalf of the Respondent - 'Operational Creditor' submits that the dispute was said to be 'in existence' relates to the supply of coal between the period 18th March. 2012 to 4th February, 2013. In fact, no claim has been made in the petition under Section 9 of the 'I&B Code' in regard to the payment as is due pursuant to earlier agreement. It has been shown that the 'Corporate Debtor' has defaulted in making payment pursuant to 'Two High Seas Sale Agreements' both ....
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....rementioned, this Bench on 18.09.2018 passed an order giving directions to the Applicant to submit the invoices to the RP against the claim raised in the Original Company Petition. For the sake of clarification, we hereby reproduce the directions given in the order dated 18.09.2018, which is as follows: "The PCS representing the OC has stated that they had copy of the invoices and the firm is directed to produce the invoices to the RP and the CD is directed to make the payment for the same without insisting on a bank guarantee and for depositing the amount in an escrow account. It is seen that the issue regarding the customs classification and tariff are pending before the Hon'ble Supreme Court of India and if the Hon'ble Supreme ....
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....fficio as to the adjudication already given, therefore, if at all this applicant being aggrieved of the order dated 18.09.2018, the applicant should have raised it's grievances before the Hon'ble Appellate Authority, that has not been done. 11. As to the order dated 18.09.2018 passed by this Bench as a clarificatory order, it was made clear that invoices shall be in respect to the claims made against the dates and invoices mentioned in the main Company Petition. Moreover this order dated 18.09.2018 is based on the order passed by the Honourable Appellate Authority on 23.01.2018. 12. If the table given by the applicant/petitioner in the original petition is looked into, it would be clear that this applicant has given dates and invo....