2020 (2) TMI 53

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....(CIRP) against Carbontree Industries Private Limited ("the Corporate Debtor"). 2. The Corporate Debtor is a private company limited by shares and incorporated on 26.05.2009 under the Companies Act, 1956, with the Registrar of Companies (RoC), Maharashtra, Mumbai. Its CIN is U74140MH2009PTC192683. Its registered office is at No.192, 19th Floor, Yugdharma, Link Road, Goregaon (West), Mumbai 400 062. Therefore, this Bench has jurisdiction to deal with this petition. 3. The present petition was filed on 27.05.2019 before this Adjudicating Authority on the ground that the Corporate Debtor failed to make payment of a sum of Rs. 6,53,000.00 (Rupees six lakh fifty-three thousand only) as principal as on 01.07.2016, which is stated to be the d....

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....5-166, delivery challan at p.167]; (6) Invoice dated 18.08.2016 for Rs. 4,56,973/- [invoice at p.168, delivery challan at p.169]; (7) Invoice dated 19.08.2016 for Rs. 1,86,000/- [invoice at p.170, delivery challan at p.171]; and (8) Invoice dated 31.08.2016 for Rs. 53,466/- [invoice at p.172, no delivery challan since the description of goods says "Installation Charges"].  The total sum involved in the invoices is Rs. 12,03,000/-. (d) The Corporate Debtor made two payments - of Rs. 1,50,000/- on 20.05.2016 and Rs. 3,50,000/- on 27.06.2016 (para 1 of Part IV at page 6 of the Petition). 5. The eight Invoices have been placed on record as Exhibit 'F' at pp.157-172. The invoices do no....

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....mentioned in para 4(c) supra is not in question. The delivery challans annexed along with each invoice attest to delivery of the goods to, and its receipt by, the Corporate Debtor. In pursuance thereof, two payments have also been made by the Corporate Debtor in favour of the Operational Creditor. As seen from the Ledger Account placed at Exhibit 'G' of the petition, the first of the payments is dated 20.05.2016 for Rs. 1,50,000/- and the other on 27.06.2016 for Rs. 3,50,000/-. The Petition has also been filed within the period of Limitation. 11. The application made by the Operational Creditor is complete in all respects as required by law. It clearly shows that the Corporate Debtor is in default of a debt due and payable, and t....

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.... the Corporate Debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act, 2002; (iv) The recovery of any property by an owner or lessor where such property is occupied by or in possession of the Corporate Debtor. (c) Notwithstanding the above, during the period of moratorium,- (i) The supply of essential goods or services to the corporate debtor, if continuing, shall not be terminated or suspended or interrupted during the moratorium period; (ii) That the provisions of sub-section (1) of section 14 of the IBC shall not apply to such transactions as may be notified by the Central Government in c....