TaxTMI 
TaxTMI 
2021 (6) TMI 49
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....e Private Limited, under Section 9 of IBC 2016 for the alleged default on the part of the Corporate Debtor in settling the amount of Rs. 97,79,049/- towards the goods supplied. 2. The Operational Creditor (Civil Contractor) has filed this petition because the Corporate Debtor has lost its substratum and is unable to repay outstanding amount of Rs. 99,69,776/- with interest in respect of work done for 2nd floor and Rs. 86,49,232/- for work done of 5th Floor aggregate amount to Rs. 1,86,19,008/- at Noida U.P. The Copy of the bill along with the ledger is annexed along with the petition. 3. The Operational Creditor has further submitted that since, the work of 2nd Floor and 5th Floor, Tower-A, Windsor IT Park at A-l, Sector-125, Noida (U.P.)....
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....tor is under compulsion to serve demand notice, whereas no demand notice has been served for the invoice dated 02.03.2020 amounting to Rs. 86,25,632/- ii. That two work orders have been issued, first work order is of 26.11.2018 in respect of renovation/interior work for second floor and the second order is of 11.07.2019 in respect of renovation/interior work for fifth floor and the two work orders have different cause of actions and cannot be alleged to be clubbed in a manner as is sought to be done. iii. That the operational creditor has also made wrong averment in the affidavit that the alleged corporate debtor has not disputed the alleged claim of the alleged operational creditor. The alleged operational creditor did not point out va....
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....alleged substantial completion is shown to be 29.09.2019 but once again the final bill on the basis of measurement recorded in presence of both the parties are missing. v. That if the two alleged invoices on the basis of which the Operational Creditor has filed the present application, the alleged invoices do not show the measurement and do not reflect the quantum of work and quantity of materials used. There is no corresponding supporting bills through which the materials have been affixed in the work contract. vi. That the alleged Operational Creditor has further concealed the very fact that he has received a sum of Rs. 60 lakhs and Rs. 55 lakhs by disposing the stocks and giving credits of old interior from 2nd floor & 5th Floor resp....
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....hose originally approved for 2nd floor. Also, the scope was reduced to just a renovation job for all the vendors. There is an error of more than 10 lacs in the total. You may kindly submit the MB with the measurements of only those items which are executed at site by you and thereafter it will be checked by me and your authorized person. Architects representatives has no authorization to check and verify the bill. An early action would be appreciated. Regards, Vijay Khokha. 12. In respect of definition of "dispute" in the Code, Hon'ble Supreme Court has held in the case of Mobilox Innovative Pvt. Ltd. Vs. Kirusa Software Pvt. Ltd. 2018 1 SCC 353 inter-alla that: "Therefore, all that the adjudicating authority is to see at thi....