AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2019 (9) TMI 1503
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....on of naming one by this Tribunal as such an option is available to us. 2. Mr. Ajay Bhatjiwale, general manager of the operational creditor has been authorized by board resolution passed in the minutes of the meeting of the board of directors held on November 27, 2018 (page No. 18) to submit and sign the petition. 3. Brief facts necessary for disposal of the controversy raised in the instant petition are that the petitioner is claimed to have supplied goods and the total outstanding on that account towards corporate debtor is claimed to be INR 83,29,507 including interest on principal debt as on November 22, 2018. The details of the invoices and delivery challans have also been annexed with the petition (annexure 2 (colly)). The petitioner sent demand notices dated December 10, 2018 to the corporate debtor and its directors under section 8 of the Code along with the invoices in form 3 as prescribed under rule 5(1)(a) of the Adjudicating Authority Rules, 2016 on the address where the goods were supplied which is its registered office at D-410, Pocket 16, Sector VII, Rohini, New Delhi-110 085. However, demand notices were returned with the endorsement "unclaimed". It is claimed tha....
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....nders dated August 25, 2016 and January 27, 2017 raised disputes regarding supplies made by the petitioner and the assurance was given by the petitioner to rectify the same or remove the grievances. The petitioner has accepted payments of Rs. 4,51,84,594 against supplies and full and final payment of Rs. 12,00,000 on May 17, 2017 and since then there is no correspondence. Thus, there are disputes with respect to claim raised by the petitioner and on that count the petitioner has deliberately did not submit affidavit required under section 9(3)(b) of the Code just to mislead and suppress the dispute raised by the respondent. (8) The petitioner has filed and relied upon forged and fabricated documents for the purpose of filing of present claim as the same can be seen that at page No. 52, undated, fabricated and forged letter which has been attached to show that supply of goods has been completed to the satisfaction. The said letter is undated and not signed by the director of the corporate debtor. 6. A rejoinder to the reply has been filed by the operational creditor reiterating the submissions made in the petition and controverting the assertions in the reply. A true copy of part....
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.... any tracking reports. 9. Having heard learned counsel for the parties we are of the considered view that the instant application is meritorious and warrants admission. 10. It is evident from a perusal of copy of partnership deed dated May 6, 2005 and Form B under rule 8 of the Delhi Partnership (Registration of Firms) Rules, 1972 bearing No. 561/SDM/NW/2012, dated June 15, 2012 (annexure OC/1) that petitioner is a partnership firm duly registered with the Registrar of Firms, Delhi. 11. The argument raised is that the mandatory provisions of section 9(5)(ii)(c) of the Code have not been complied with inasmuch as the invoices and the notice for payment under section 8 of the Code has not been received. The aforesaid objection would not warrant any detailed enquiry because a perusal of the pleadings shows that the service has been effected on the registered office situated at D-410, Pocket 16, Sector VII, Rohini, New Delhi-110 085. Such an argument would pale into significance because there is no change in the address in the MCA record which continues to be D-410, Pocket 16, Sector VII, Rohini, New Delhi-110 085. Moreover, the resolution passed by the corporate debtor on March 27,....
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....ect of the repayment of dues arising under any law for the time being in force and payable to the Central Government, any State Government or any local authority." The definition of operational debt postulates that it is a claim, inter alia, in respect of the provision of "goods" or "services" including employment, etc. A perusal of the invoices issued by the "operational creditor" in the name of the corporate debtor clearly shows that "operational creditor" has supplied aluminium/M. S. Shuttering Material to the corporate debtor on various occasions. Therefore, the debt which is due and payable by the operational debtor to the operational creditor is prima facie covered by section 5(21) of the Code. 16. There is no escape from the conclusion that "corporate debtor" has committed default and the amount of Rs. 61,24,637 as shown to be the closing balance for the financial year April 1, 2017 to August 31, 2018 has remained unpaid. Thus, default has been committed by the corporate debtor within the meaning of section 3(12) read with section 4 and section 9(1) of the Code, 2016. 17. The operational creditor has not named anyone as interim resolution professional and has requested u....
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....ion 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 property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) ; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor." 21. It is made clear that the provisions of moratorium shall not apply to (a) such transactions which might be notified by the Central Government in consultation with any financial regulator ; (b) a surety in a contract of guarantor to a corporate debtor. Additionally, the supply of essential goods or services to the corporate debtor as may be specified is not to be terminated or suspended or interrupted during the moratorium period. These would include supply of water, electricity and similar other services or supplies as provided by regulation 32 of the IBBI (Insolvency Resolution Process....