TaxTMI 
TaxTMI 
2020 (5) TMI 348
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....at Annexure-A of the petition. The registered address of Quickdel shown therein is of Section 49, Gurugram. Therefore, the jurisdiction lies with this Bench of the Tribunal. 2. It is stated in part IV of the application that Grey Orange is inter alia in the business of designing, manufacturing and deployment of advance robotic solution and software for warehouse automation and entered into agreement dated 3-7-2015 with Quickdel for supply, installation and commissioning of 6K GreyOrange Sortation System with components and accessories. It is submitted that for the supply of products and services by Grey Orange to Quickdel, Grey Orange raised regular invoices on Quickdel, which have not been disputed by Quickdel till date and that Quickdel has issued a certificate of commissioning/hand over for successful commissioning of one of the systems in terms of the agreement on 5-8-2016. It is stated that on 23-6-2016, Grey Orange sent a letter to Quickdel informing that as per the account statement, Rs. 50,02,846 is receivable as on 31-3-2016 and asking for the confirmation of the amount owed. Reminder is stated to be sent on 1-8-2016 and on 2-8-2016, Quickdel confirmed that as on 31-3-201....
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.... 6. The rejoinder has been filed by Diary No. 5709 dated 17-10-2019. It has been stated that prior to the demand notice, Quickdel has never disputed the payment of the claimed amount and that Quickdel has confirmed on 2-8-2016 that it owed an amount of Rs. 42,49,251 as on 31-3-2016 to Grey Orange and again acknowledged its liability and agreed to pay the pending amount in its meeting with Grey Orange on 13-10-2016 and 30-10-2016. 7. We have carefully heard and considered the arguments of the learned counsel for Grey Orange and Quickdel and have also perused the record. The learned counsel for Quickdel has argued that there were various disputes from the inception of the agreement dated 3-7-2015 and Quickdel continuously raised the same to Grey Orange time to time much before the demand notice dated 22-11-2018 and 13-3-2019 sent by Grey Orange under the Code. The learned counsel has relied on Mobilox Innovations (P.) Ltd. v. Kirusa Software [2017] 85 taxmann.com 292/144 SCL 37 (SC) and has referred to para 51 thereof reading as under:- "51. It is clear, therefore, that once the operational creditor has filed an application, which is otherwise complete, the adjudicating authority ....
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....tuation as admittedly the machine was not functional and therefore, no question arose to give confirmation. In the rejoinder, Grey Orange has pointed out that there is no resignation letter or any other document to support the averment made by Quickdel that Mr. Rajesh Chundi had resigned on 10-8-2016 and that in his email dated 12-8-2016, Shri Rajesh Chundi had merely approved relevant payment and it was Shri Hemant Garg, Manager at Quickdel who in two emails dated 19-5-2016 and 11-8-2016 acknowledged and certified the successful automation of the system in terms of the agreement and approved the consequential obligation to release the due payment to Grey Orange. It has been submitted in the rejoinder that the emails sent by Shri Hemant Garg are not controverted. 9. The email dated 10-10-2015 supra does not specify the details of the problems in the sorter claimed to be faced. Moreover, the later emails dated 19-5-2016, 11-8-2016 and 12-8-2016 supra show that successful automation of the system in terms of the agreement was accepted. The objections raised by Quickdel in respect of the admissibility of the emails dated 19-5-2016, 11-8-2016 and 12-8-2016 supra are fully replied to b....
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....n therein stated to have been paid to Grey Orange total to only Rs. 3,77,07,762. The ledger account of Grey Orange in the books of Quickdel from 31-3-2015 to 1-3-2017 is given at Annexure C-9 (colly) of the reply. The difference between the amounts of Rs. 3,87,62,172 and Rs. 3,77,07,762 relate to the credit memo of Rs. 12,727 supra and two payments stated to be made on 27-5-2016 and 1-6-2016 of Rs. 5,65,415 and Rs. 4,83,216 with voucher nos. PBT16 MAY 00650 and PBT16 JUNE 00024 respectively. In the rejoinder, Grey Orange has stated that the payments were in respect of PO16 MAY00022 and PO16 JUNE00001 and did not relate to the claimed amounts in the application under PO15 JULY00033 and PO15 AUG00029. The averment made by Grey Orange in the rejoinder has not been rebutted by Quickdel. Therefore, even though the ledger account of Grey Orange in the computer of Quickdel is certified under section 65B of Evidence Act, no reliance thereof can be placed upon it. 13. As discussed above, it is stated by Grey Orange that a letter was sent on 23-6-2016 to Quickdel informing that as per the account statement as on 31-3-2016, Rs. 50,02,846 is receivable from Quickdel and that on 2-8-2016, conf....
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....on in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received. Explanation.-For the purposes of this section,- (a) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person other than a person entitled to the property or right; (b) the word "signed" means signed either personally or by an agent duly authorised in this behalf; and (c) an application for t....
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....aid operational debt and demand notice under section 8 of the Code was delivered to Quickdel. The dispute sought to be raised is rejected as per discussion above. No IRP is proposed and therefore, the question of pendency of disciplinary proceedings against the IRP does not arise. 21. In view of the above discussion, we conclude that the requirements of Section 9 (5) (i) of the Code are satisfied in the present case and we admit the application for initiation of CIRP in the case of M/s Quickdel Logistics Private Limited. Directions for moratorium and appointment of IRP are given below. 22. We declare the Moratorium in terms of sub-section (1) of Section 14 of the Code as under:- (a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its prope....
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....Chandigarh Bench for appointment as IRP or Liquidator. The panel is valid for six months from 1-1-2020 to 30-6-2020. We Select Mr. Somnath Gupta appearing at Serial No. 1 of the panel to be appointed as Interim Resolution Professional. 27. The Law Research Associate of this Tribunal has checked the credentials of Mr. Somnath Gupta and there is nothing adverse against him. 28. The following directions are issued in respect of the appointment of the Interim Resolution Professional:- (i) Appoint Mr. Somnath Gupta, registered insolvency professional bearing Registration No. IBBI/IPA-002/IP-N00042/2016-17/10081;email ID: [email protected], Address: 1019, Lane No. 1, Ramsharnam Colony, Pathankot-145001, Punjab as Interim Resolution Professional. (ii) The term of appointment of Mr. Somnath Gupta shall be in accordance with the provisions of Section 16(5) of the Code; (iii) In terms of Section 17 of the Code, from the date of this appointment, the powers of the Board of Directors shall stand suspended and the management of the affairs shall vest with the Interim Resolution Professional and the officers and the managers of the Corporate Debtor shall report to the Interim Re....