TaxTMI 
TaxTMI 
2020 (12) TMI 369
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....porate Debtor in settling the amount of Rs. 12,89,131/-including the interest component towards the goods supplied. The details of transactions leading to the filing of this petition as averred by the petitioner are as follows:- a. The Operational creditor is a sole proprietorship firm of Shri Ashok Naranag and is engagged in the business of manufacturing HDPE pipe fittings, sheet metal components and supplied the said goods to various entities. b. That the applicant supplied various goods from 2012 to 2016 to the Corporate Debtor and thereafter the operational creditor raised a total of 47 bills upon which the payment has been defaulted by the Corporate Debtor. c. That the last payment received from the Corporate....
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.... 2. The Corporate Debtor in its reply to the application submits that: a. That the corporate debtor duly acknowledges the demand notice dated 18.05.2019 was not delivered vide Post/Courier and was sent through email to the address [email protected] on 23.05.2019. Further the email address of the respondent is [email protected] and also the applicant has not pleaded nor proved any service through email to the registered email address of the respondent. b. Further, it is submitted that the claim of the applicant is barred by the limitation and is neither due nor payable. The applicant filed an alleged invoice dated 03.09.2016 which was never raised to the respondent nor were the goods delivered to them. ....
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.... since the default could not have occurred till the last bill was raised. c. In respect to the Delivery and Quality of Goods (letter dated 30.06.2016 and 30.09.2016): That the corporate debtor duly accepted the delivery of all goods and never raised a dispute for the goods delivered which can be inferred by the email dated 13.11.2019 received by Operational creditor from DTDC. Thereafter the corporate Debtor filed its reply raising issue of frivolous nature issues in order to create moonshine dispute. In this regard, it is further stated that bare perusal of these letters make it crystal clear that: a.) Addresses, phone numbers, pin codes of sender and receiver are not there; b.) No track report has been att....
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.... matter of Mobilox Innovations Private Ltd vs. Kirusa Software Private Ltd has observed that: "Para 40.... Therefore, all that the adjudicating authority is to see at this stage is whether there is a plausible contention which requires further investigation and that the dispute is not a patently feeble legal argument or an assertion of fact unsupported by evidence. It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster". 6. Going by the above details the operational creditor has clearly established the existence of debt and default on the part of the corporate debtor. Hence this Tribunal initiates CIRP on the corporate debtor with immediate effect. 7. A moratorium in terms ....