2021 (6) TMI 24

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....e, 2016 [hereinafter referred to as "the Code"] read with Rule 6 of The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 [hereinafter referred to as "the Rules"], as operational creditor/applicant. 2. The applicant/operational creditor is an individual engaged in construction business and having its office at Adajan, Surat. 3. The respondent/corporate debtor is a private limited company registered under the provisions Companies Act, 1956 on 09.05.2016, having identification No. U45203GJ2016PTC091878 and having registered office at Adahan, Surat, Gujarat State. Authorised share capital of the respondent company is Rs. 25,00,000/- and paid up share capital is Rs. 1,00,000/-. 4. It is submitted by the appl....

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....applicant that having failed to receive the outstanding debt from the respondent, the applicant was compelled to issue notice under Section 8 of the Code dated 18.09.2018 which has not been replied by the respondent. That, the respondent on several occasions, including in the statement dated 17.06.2018, acknowledged the receipt of funds from the Government as well as the obligation to the applicant to pay 20% thereof, therefore, this petition. 8. In support of its claim, the operational creditor has annexed to the application documents like; copy of demand notice, affidavit in support of the application, copy of agreement etc. 9. On receipt of notice, the corporate debtor appeared and filed his affidavit in reply rebutting the content....

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....hat the applicant has never produced any bill or voucher pertaining to the work done, as claimed by the applicant. The claim so made by the applicant is in civil nature and require evidences regarding the financial claim of the applicant, if any. The respondent further submitted that Mr. Happy Natvarlal Khant and Mr. Natwarlal Khant have filed a complaint before the police officer, Dang, Ahwa, Police Station, the said complaint is also closed due to the want of evidence being a civil dispute. 12. Gone through the records and also seen the documents. The applicant claimed to have entered into an agreement with respondent for construction work Dang, Ahwa, Government School contract at village Ambapada. Admittedly, the construction work was....

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....or at any point of time by the operational creditor save and except an agreement entered between both sides, as claimed. However, for the sake of convenience, Section 5(21) of the IB Code is reproduced hereunder:- "operational debt" means a claim in respect of the provision of goods or services including employment or a debt in respect of the [payment] 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". 15. To attract the provision of IB Code under Section 9, there must be 'due' and 'default' which is found absent in the instant application. The instant application is also not complete as the due date and default date is no....