TaxTMI 
TaxTMI 
2020 (7) TMI 323
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.... The present Petition is filed through Mr. Bhagabhai Kantilal Patel. 3. The Respondent/ Corporate Debtor, namely Gujarat Machinery Private Limited was incorporated on 05.12.2008 with CIN: U29190GJ2008PTC055614. The authorised capital of the company is INR. and the paid-up capital is INR. 15,00,000.00 and the paid-up capital is INR 1,00,000.00. The registered office of the Corporate Debtor Company is situated at: Plot No. 524, G.I.D.C., Phase-Il, Vatva, Ahmedabad, Gujarat-382 445. It is submitted that the Operational Creditor is the supplier of miscellaneous machinery parts and had provided the service of repairing barrels, deep hole and honing etc. whereas the Corporate Debtor is involved in manufacture of general purpose machinery, manufactures Extrusion Tape Stretching Plants, Lamination Plant etc. 5. It is submitted that the Operational Creditor had supplied machinery parts to Corporate Debtor and raised several invoices for which the default is made i.e., from 30/05/2014 till 28/05/2016. 6. It is submitted by the Petitioner that the Corporate Debtor is liable to pay to the Operational Creditor a total sum of INR. 11, 18,530.00 including an amount of INR. 5,22,837.00....
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....e during the course of business and committed to clear the said outstanding dues further also stated that due to the depraved staff there, business is also not upto the mark, later they will clear their dues positively. At the same time the Corporate Debtor had transferred the amount of INR dated 22/03/2016 drawn from Kotak Mahindra Bank and provided assurance to clear the remaining outstanding dues on priority basis, but the said outstanding dues remain unpaid till date. 9. Now, the Petition is filed on 26.11.2018 under the Section 9 of the Insolvency and Bankruptcy Code, 2016 for the unpaid Operational Debt due of INR. 11,18,530.00 10. The Operational Creditor has suggested the name of Interim Resolution Professional, Mr. CA Kedar Ramratan Laddha, having Insolvency Professional Registration No. IBBI/IPA-001/IP-P00586/2017- No.079-66653333, (0091) 9737533000, Address: B- 1002, 10th Floor, Mondeal Square, Nr. Prahaladnagar Garden, Opp. Honest Restaurant, S.G. Highway, Ahmedabad-380015 (Gujarat) India as an Interim Resolution Professional. 11. The case was taken up by this Adjudicating Authority on 03.01.2019, however, none appeared on behalf of the Corporate Debtor. The ma....
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....NR. 11,18,530.00. The respondent submits that none of the invoices and or delivery challan is admitted by the respondent. It is very clear form the documents on record that the delivery challan or invoice produced by the petitioner do not bear seal or signature of the respondent company. The petitioner is called upon to produce on record in which manner the goods were delivered to the respondent. 12.6 It is stated that the documents on record that few copies of the delivery challans do not bear any address whereas in few copies of the invoices the address mentioned is different from the address of the respondent. 12.7 It is stated by the respondent that the true facts are that the respondent has supplied raw material of Alloy steel Round bars namely EN41B, EN24, EN19 etc., Mild steel Flages to the petitioner. As per the Understanding between the petitioner and the respondent that the petitioner was required to process the said raw material and after processing the same, the petitioner was required to send the processed material back as well as the residual of the raw material along with the metal scrap generated during the labour process to the respondent. The cop....
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....to the Applicant. The Applicant has produced delivery challans along with its application. The Respondent states that the delivery challan produced by the Applicant are bogus and fake in as such as all the delivery challans are neither stamped nor signed by the Respondent. 12.13 It is stated that the Respondent had replied to the demand notice dated 12/09/2018 sent by the Applicant vide email dated 22/09/2018. The respondent had denied the claim of the applicant. 12.14 The respondent states that the application filed by the applicant is not maintainable as there exists a genuine dispute between the parties. 13. The Petitioner has submitted their written submissions on 04.11.2019. 13.1 It is submitted that the petitioner is an engineering firm engaged in providing engineering services to its customer. The Respondent, from time to time, since the year 2008, have been sending material to the Petitioner for "honing" services i.e. drilling the thick iron rods/bars and doing fine finishing in internal diameter. The Petitioner used to charge for such "honing" services rendered to the Respondent with its engineering machineries and technical expertise. ....
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....uch averment at this stage is not maintainable in the eyes of law as it being after-thought moon-shine defence. 13.7 It is submitted that the respondent came out with a ridiculous submission that the petitioner has not retur d the material supplied by the Respondent to the petitioner for carrying out honing services. This submission is startling and prima facie not sustainable. If the respondent had supplied material and if the petitioner has not at all returned the material after doing job work on it and still claimed charges for the same, the respondent would have called upon the petitioner to return the material. Even in its reply to the Demand Notice the respondent did not say that it has not received back its material. This itself shows that the respondent's defense is false and baseless. 13.8 As mentioned hereinabove, the respondent has never disputed the quality of job-work done by the petitioner. There is no existing dispute on record. The respondent's claim that all invoices and delivery challans produced by the petitioner are fake and fabricated, is not sustainable in the eyes of law. 13.9 It is reiterated that there is nothing on record....