2018 (1) TMI 1578

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....016 (hereinafter referred to as "Code"). 2. As per averments made in the said petition, the Operational Creditor is engaged in the business of Freight Forwarding. It rendered services to the Corporate Debtor for about 2 years. However, from November 2016 the Corporate Debtor has defaulted in remitting the amounts under some invoices giving rise to an Operational Debt. 3. It is the case of the Operational Creditor that they had duly discharged their part of work to the satisfaction of the Corporate Debtor and no dispute had been raised in respect of the services rendered. Even otherwise, as per Clause 2 of the invoices, discrepancy if any, had to be raised within the period of 7 days as mentioned in the invoices. The said Clause is rep....

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....ess of law. Prior to the issuance of notice, there was not even a whisper of a notice under Section 62 of the Arbitration Act. 6. The Operational Creditor has proposed the name of interim Resolution Professional whose consent and certificate of eligibility is on record. 7. The respondents in their reply have opposed the prayer on grounds of existence of a dispute. It is stated that the Operational Creditor has suppressed various facts. It is submitted that the Operational Creditor was providing services to the sister concern of the Corporate Debtor namely, M/s SSMP Industries Pvt. Ltd. under an agreement dated 1-10-2015. The said agreement inter alia provided for: "07. That in case of loss sustained by the First Party Due ....

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....r the said format had been filled in correctly. Any mistake by the agent in filling and/or uploading of shipping bills, disentitled the exporter of the duty drawbacks causing huge financial losses to them. It is submitted that on the account of the negligence of the Operational Creditor in filling in the documents online wherein they made a mistake of filling in the remark "NO" against the column for duty drawback/VKUY instead of "YES", the same resulted in a financial loss as the benefits, both under the duty drawback and the Vishwas Krishi Upaj Yojna (VKUY) have not been received till date. The loss under duty drawback is stated to be Rs. 1,43,507/- while the loss under VKUY was estimated at Rs. 4,26,277/-. The Corporate Debtor had been m....