TaxTMI 
TaxTMI 
2019 (9) TMI 1488
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....e Applicant was rejected. 2. The averments made in the Application are as follows: (a) It is averred that the Applicant filed its claim application (Form-B) before the Interim Resolution Professional on 29-12-2018, along with all necessary supporting documents to initiate its claim against the Corporate Debtor. On 11-2-2019 the Interim Resolution Professional's team directed the Applicant to provide additional documents to prove its claim against the Corporate Debtor. Accordingly, Applicant through an e-mail dated 13-2-2019 sent the sets of additional documents against the Interim Resolution professional's queries and requested the IRP to consider its claim amount. (b) On 18-2-2019, Applicant was informed that t....
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....rendered for the claimed period. iv. That the Corporate Debtor on many occasion sent e-mails to the Applicant, discussing work progress at their plant. v. That the Corporate Debtor on many occasion sent e-mails discussing attendance of Applicant's senior staff. vi. That the Corporate Debtor had himself agreed vide letter dated 23-8-2017 that the Applicant was provided with Notice To Proceed (NTP). vii. That the Corporate Debtor himself sent the attendance sheet to Applicant discussing availability of Applicant's senior staff at the site. viii. That the Applicant had sent a letter dated 17-8-2017 to Corporate Debtor, wherein it was categorically mentioned that the amount towards services r....
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....sand Five Hundred Only) were set-off by the Applicant under letter of credit No. 0160ILCDA170702 dated July 31, 2017 against payments due by the Applicant to M/s. KSK Energy Ventures Limited (a group company of the Corporate Debtor) under purchase order dated July 3, 2017 for supply of turbine spares. (d) It is averred that the Corporate Debtor's books of account do not reflect any entry that the claimed amount is to be paid to the Applicant. The Applicant has not even raised tax invoices for the alleged services provided to the Corporate Debtor. (e) It is averred that no amount is due and payable by the Corporate Debtor to the Applicant. There is no question of payment of any interest on the same, as claimed by the Co....
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....pplicant contended that Applicant filed sufficient proof in support of the claims filed with RP. However, RP rejected the claim without admitting. Therefore this application is filed to give directions to RP to admit the claim of Applicant. Learned counsel contended the Applicant has filed the additional documents along with application sent through e-mail dated 13-2-2019 shown as Annnexure 4 at pgs. 97-131. Again additional documents were sent to the RP shown as Annexure 6 at pgs. 138-165. Counsel contended the documents would establish that Corporate Debtor was liable to pay towards service charges for the months of July and August 2017. Counsel contended that there is no dispute, Applicant was directed to render services to the power pla....
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....ly proforma invoices dated 11-9-2018 it shows they were subsequent created by Applicant. Thus the claim of Applicant is not found in the books of account of Corporate Debtor. Counsel for RP has relied upon Annexure C (Colly). The documents relating to set-off of Rs. 10,93,99,500/-. Counsel also relied on ledger copy of Corporate Debtor shown as Annexure D at Pages 248-254 of the counter. Thus learned counsel contended no amount is payable by Corporate Debtor to the Applicant and RP rightly rejected the claim. 11. The Applicant claimed that Corporate Debtor is liable to pay an amount of Rs. 4,27,99,597/-. Applicant filed Form-B before RP for the said amount. Copy of Form-B is filed. Applciant is said to have filed invoices dated 11-9-2018....