TaxTMI 
TaxTMI 
2020 (10) TMI 587
X X X X Extracts X X X X
X X X X Extracts X X X X
....solvency Resolution Process ("CIRP" in Short) against the Corporate Debtor Company namely, Specific Ceramics Limited. 2. The Petitioner/ Operational Creditor is a registered company under the provisions of Companies Act, 1956, with a VAT registration number 24050703258. The registered office of the Petitioner is situated at U/52, Akashganga Complex, ST Road, At & Post Himmatnagar Dist. Sabarkantha, Gujarat. The present Petition is filed through Shri Natwarbhai Motibhai Patel. 3. The Respondent/Corporate Debtor, namely Specific Ceramics Limited was incorporated on 10.04.1996 with CIN: U26933GJ1996PLC029291. The authorised capital of the company is Rs. 6,25,00,000/- and the paid-up capital is Rs. 6,17,09,100/-. The registered office of the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ilfully neglected to pay its outstanding dues towards the goods and in absence of any response the applicant was compelled to take legal action, and has filed criminal complaint being CR. No. 170 of 2017 registered with Himmatnagar B Division Police Station, against the respondent company of criminal breach of trust and cheating. It is further stated by the petitioner that the Respondent has preferred Criminal Miscellaneous Application No. 15493 of 2017, inter alia, challenging the criminal complaint before Hon'ble High Court of Gujarat, wherein, vide order dated 27006.2017, directed the investigating officer to proceed with the investigation, but charge sheet shall not be filed without permission of the Hon'ble High Court. 7. It i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....dard and inferior quality of Goods approximately worth of Rs. 3,00,000.00 in the month of November, 2016 and the respondent checked the material outside the factory premises. As the said goods were of inferior quality and substandard, the Respondent refused to take the delivery and informed the petitioner to take back the delivery of the said goods. On the contrary, the petitioner, to avoid the transportation charges of the return of said substandard and inferior goods, unloaded it outside the factory premises and which is still lying outside the factory of the respondent and the photographs of the inferior goods are enclosed. 12.2 It is submitted that the Respondent had made several reminders to the petitioner to take away the inferior qu....
X X X X Extracts X X X X
X X X X Extracts X X X X
....es no.134 to 138 which is after thought of the petitioner to harass respondent and hence, this petition requires to be dismissed. 12.7 It is also submitted that the Petitioner has filed a false and fabricated complaint on 09/06/2017 FIR No. 70 of 2017 at Himmatnagar B-Division Police Station. The respondent has challenged the said FIR and filed a Criminal Misc. Application (For Quashing & Set Aside FIR/Order) No.15493 of 2017 on 19/06/2017 before Hon'ble High Court of Gujarat in which it has been specifically mentioned that there was a dispute regarding the inferior quality of goods worth approximately of Rs. 3,00,000.00. Hence, the petitioner was fully aware of the supply of such inferior quality of the goods. The copy of Criminal Mis....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... from the petitioner as alleged and hence when there is no outstanding dues payable to the petitioner there is "no default" in the payment and hence the petition deserves to be dismissed. 12.11 It is further submitted that all the delivery challans produced by the petitioner do not bear the numbers as mentioned in the invoices no. 134 to 138 from dated 24/03/2017 to 31/03/2017 and transport receipt produced on page no.24 is dated 10/11/2017 which also shows that all the related documents such as delivery challans, transport receipts have been created by the petitioners. From the above facts, it is clear that the petitioner with malafide intention along with suppression of material facts has not come with clean hands and concealed substanti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....amine the merits of the dispute. There is a serious allegations of fabrication of documents and misrepresentation. There is confusion about the actual amount defaulted. There is material to believe that disputes certainly exist in the facts of the present case regarding the quality of goods supplied by the Operational Creditor and amount claimed in the petition. 18. In respect of definition of "dispute" in the Code Hon'ble Supreme Court has held in the case of Mobilox Innovative Private Limited Vs. Kirusa Software Private Limited in civil appeal No. 9405 of 2017 vide order dated 21/09/2017 inter-alia that: " Therefore, all that the adjudicating authority is to see at this stage is whether there is a plausible contention which require....