2021 (6) TMI 91

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....nted by its Director Mr. Surendra Prasad Shukla seeking initiation of Corporate Insolvency Resolution Process ("CIRP") against the Corporate Debtor i.e., M/s. Nizam Energy Private Limited. The Registered Office of the Corporate Debtor Company is at Room No. 2 & 3, 7th Floor, Seethakathi Business Centre, Anna Salai, Chennai-600 006, (CIN No. U23101TN2009PTC072798). This application was filed on 19.05.2019. 2. The Applicant submits that from 29.12.2017 to 10.02.2018, the Applicant supplied imported coal to the Corporate Debtor and raised various invoices on the Corporate Debtor. The Corporate Debtor accepted the consignment without demand or protest. The total outstanding as on date of filing of this application is sum of Rs. 97,70,147/-. ....

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....ly, the Respondent had given blank cheques to the Applicant and the Applicant deposited those cheques and claimed that the cheques were dishonoured. In disputed invoices raised by the Applicant, no despatch details such as lorry receipts, delivery note etc. were provided. Thereafter, the Respondent further states that in the application and also the invoices filed therein, delivery challan and lorry receipt are not enclosed. The Respondent categorically states that he has not received the materials mentioned in the invoices annexed along with the application. 4. The Applicant has filed rejoinder dated 10.12.2019. In the rejoinder, the Applicant denies the averment of the Corporate Debtor. The Applicant accepts that except the payment rec....

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....uthority ought to ensure extreme caution and detailed study before passing a final order of admission. Based on the agreement, documents and submissions made by the parties, it is clear that the Applicant could not prove that the goods were supplied by lorry to the Corporate Debtor address. The lorry details of the consignment, delivery challan in proof of the same are not enclosed. Based on few emails exchanged between the parties and dishonored cheques, it is not appropriate to conclude the debt and default. Hence, this Adjudicating Authority cannot conclude the debt and default based on the disputed invoices and also on a selective emails filed along with the rejoinder, exchange of few emails can only be a supportive document and cannot ....