TaxTMI 
TaxTMI 
2021 (5) TMI 393
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....he MSME. ii. The corporate debtor approached the applicant in the year 2014-15 for availing courier and transportation services for its goods from one place to another. Based upon the representations made by the corporate debtor, the operational creditor agreed for the same and duly transported the goods i.e. Auto Components and Raw Materials of the corporate debtor from one destination to another from time to time and raised invoices accordingly for every corresponding delivery made by the operational creditor. iii. That as a matter of business practice the corporate debtor shall acknowledge the receipt of the invoices raised by the operational creditor about 4-5 days post-delivery of their goods at the intended destination having verified the veracity and authenticity of the invoices and it was assured by the Directors/Officers of the corporate debtor that the payment for the aforesaid invoices will be made at the earliest or within two weeks from the date of each invoice and as part of the settled agreement the difference/discrepancy, if any, in the invoices were to be notified within 03 days from the receipt of the invoices. iv. The operational credit....
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....amounting to Rs. 1,01,23,915/- (Rupees One Crore, One Lakh Twenty Three Thousand Nine Hundred and Fifteen Only) was threatened to be issued upon the operational creditor by 21.09.2019 post his confirmation. What is most staring to note here is that on 18.09.2019, the corporate debtor sent two emails where, by virtue of the first email the corporate debtor debits the entire amount of Rs. 1,01,23,915/- as threatened by it in its preceding mail dated 16.09.2019 without even waiting till 21.09.2019, i.e. the deadline provided by the corporate debtor itself for confirmation or reply by the operational creditor, thereby putting to rest all justifications for the haste in issuing the said debit note and by virtue of the second email of the even date the corporate debtor issued a work order w.r.t. the work which was supposed to have been taken from April to August 2019, despite having complete knowledge that the said work was not only completed but was billed and was duly acknowledged by the corporate debtor. It is further astonishing to note that even if the whatsapp communication mentioned above, without admitting the only assuming, were to be taken at their face value would reveal that ....
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....es. b. That Mr. Sood on one hand raised the issue of excess charges in the invoices, however, on the other hand kept acknowledging the invoices raised even till 31.08.2019 on identical rates raised previously and none of the raised invoices were ever returned back, thus evidencing that there were no excess charges. c. That the work order issued by the corporate debtor vide its Email dated 18.09.2019 is patently incoherent as the same has been issued rather belatedly and that too for the work which was not only completed in the preceding months, but were duly acknowledged by the corporate debtor as well. d. The debit notes issued by the corporate debtor is devoid of any logic as the same related back to the amounts deductible for the year 2017 and 2018, payments for which have not only been received by the operational creditor but have further been disbursed to its respective vendors. The reply email dated 20.09.2019 in this regard is self-explanatory and nothing more needs to be explained. It is pertinent to mention here that impugned debit note and the work order were issued merely to galvanize the whatsapp communication that ensured between the operatio....
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....early 2018 and took a loan of Rs. 35,00,000/- (Rupees Thirty Five Lakh Only) at an interest of 24% p.a., accordingly the Managing Director of Respondent-CD had provided applicant with two cheque detailed below given as Loan; a. 20.01.2018-Rs. 10,00,000/- vide Cheque No. 116 drawn on HDFC Bank. b. 04.12.2018-Rs. 25,00,000/- vide Cheque No. 130 drawn on HDFC Bank. iii. It is further submitted that after daily follow ups, the applicant had returned Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) dated 30.03.2019 as interest towards the loan and had promised to pay the rest by April of 2019. Thereafter, again due to some urgent need of money, the applicant borrowed Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) from the Managing Director of corporate debtor and promised to pay the entire loan amount along with the interest by 30th April 2019. Thereafter, the Managing Director of respondent-CD again lent Rs. 15,00,000/- vide cheque No. 002 drawn on HDFC Bank dated 05.04.2019. That the respondent has for the next five months requested the applicant to pay back the loan amount at the promised rate of interest but the applicant has delayed the payment and has instead pr....
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.... Logistic Services was introduced to them through Mr. Anil Khatana and that the applicant in connivance with Mr. Anil Khatana charge for boxes in excess of actual box sizes, local transportation. It was further admitted by the applicant that he paid lakhs of rupees every month to Anil Khatana in his various meetings with Mr. Chatterpal Singh Shekhawat, CEO of Trim India. It is submitted that the applicant has also been served notice to join investigation regarding the same. His role is also under deeply investigated by the Police as per the reply dated 24.11.2019 filed by he Assistant Commissioner of Police, Manesar, Gurugram on behalf of State of Haryana in Cri. Misc. No. 42201-M of 2019. It is further pertinent to mention that Lakshmi Raj Solanki and his son Vikas Solanki, Directors of M/s. Beacon Courier are still in judicial custody in the above said F.I.R. viii. That pertinently, the respondent-CD has already filed a Civil Suit No. 4119 of 2019 on 09.12.2019 in the Court Civil Judge, Senior Division, Gurugram against the Applicant in a suit for recovery of an amount of Rs. 77,38,995/- (Rupees Seventy Seven Lakhs Thirty Eight Thousand Nine Hundred and Fifty Five Only) ....