2020 (1) TMI 592

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....ication No. U27106CT2005PTC017536, date of incorporation 25.04.2005. 3. The Operational Creditor submits that as per the request of the Corporate Debtor coal was transported to the Corporate Debtor under various invoices since 2011. The total amount outstanding is sum of Rs. 72,57,236/- (Seventy-Two Lakhs Fifty-Seven Thousand Two Hundred Thirty-Six only). 4. The notice was served on the respondent, however, there was no representation. Hence, the respondent was called absent and set ex parte. Hence, we are inclined to hear this application ex parte. 5. The Registered Office of the Corporate Debtor is at Chhattisgarh. Hence, this Adjudicating Authority has jurisdiction to entertained this petition. 6. The Operational Creditor has submitt....

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....e expiry of limitation period for filing the suit. If limitation has expired, it would not revive U/s 18 of Limitation Act. (iii) That the Acknowledgement of liability must be unqualified & must be in unambiguous clear terms. (iv) That the acknowledgement must be signed by the person or his authorised agent admitting liability. 9. Documents consisting "acknowledgement" vis-a-vis Sec. 18: - (i) E-mail acknowledgement the debt is valid though not signed. (ii) Balance Sheets are an admission of indebtness & sufficient acknowledgement under the Indian Limitation Act. The limitation period is calculated from the date it is signed. (iii) Cheque given by a Debtor to pay his dues is an acknowledgement, even though the Cheque is dishonour....

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...., the onus to prove the validity, squarely rest on the Operational Creditor. We are not in a position to confirmed that this is the authorised signatory of the Corporate Debtor. No Board Resolution has been filed to substantiate the same. No Balance Sheet of the Corporate Debtor is filed. 11. Further, in the Invoices filed of 2011, there is no signature of the Corporate Debtor of receipt of these invoices. The claim is of the year 2011. From 2011, it is surprising as to why the petitioner has not made any claim towards the outstanding dues with the Corporate Debtor. Only documents filed before this Adjudicating Authority is E-mail send to the Corporate Debtor by the Operational Creditor dated 01st August, 2018 i.e. "We have Dr. balance of ....