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2021 (9) TMI 415
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....n CP (IB) No. 119/BB/2020 whereby the Adjudicating Authority disposed of the Application filed by the Appellant herein under Section 9 of the IBC Code, 2016 (Insolvency and Bankruptcy Code, 2016). (2) Aggrieved by the said Order the present Appeal is filed by the Appellant challenging the Order of the Adjudicating Authority on the ground that the Application filed by the Appellant/Operational Creditor should have been allowed and admitted as there is no pre-existing dispute in respect of the claim made by the Operational Creditor. The Application filed by the Appellant was complete and defect free. Brief Facts :- (3) Shri. Rakesh Mohan Sharma (PCS) appearing for the Appellant submitted the brief facts. (4) He submitted that the ....
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.... 03.11.2020 threatened the Appellant to withdraw the case in order to get the Form-C. (8) Having effected 'Service of Notice' on the Respondent and having acknowledged the receipt of 'Notices' with regard to the filing of Application under Section 9, the Respondent willfully did not appear before the Hon'ble Adjudicating Authority and the Hon'ble Adjudicating Authority instead of admitting the Application by initiating 'Corporate Insolvency Resolution Process' disposed of the Application with a direction to the Respondent to settle the claim of the Appellant as promised within a period of 3 months from the date of receipt of copy of the Order. (9) The Learned PCS submitted that the Hon'ble Adjudicating Authority ought to have admitted....
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....Order of this 'Tribunal' dated 06.08.2021 on e-mail id namely viz. [email protected]. (13) The Appellant also provided the landline number and the mobile number of the Respondent. Along with the 'Affidavit of Service' the postal receipts are also enclosed evidencing the Notice sent by 'Speed Post'. Further the Appellant enclosed a Letter/Notice addressed to the Respondent along with the Order of this 'Tribunal' dated 06.08.2021. The Appellant also provided the 'Service of Notice' through e-mail. This 'Tribunal' satisfied the effect of 'Service of Notice' and compliance of the Order of this 'Tribunal' dated 06.08.2021. Having effected 'Service of Notice' on the Respondent, the Respondent failed to appear before this 'Tribunal' on the dat....
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....ondent vide e-mail dated 03.11.2020 addressed to the Appellant wherein it is stated as under :- (enclosed as Annexure 9 at page 88). 3 November 2020 at 16:00 From: muhlenba [mailto:[email protected]] Sent: Tuesday, November 3, 2020 3:47 PM To: SUPRIYA TIWARI <[email protected]> Cc: SRIKAKULAMRAMAPRASAD<[email protected]>,[email protected];[email protected] Subject: Re: Urgent request for releasing Pending form C 3 Nov 2020 Dear Madam, It has been clear from Mr. Gandhi that the work has not been completed to our satisfaction. Hence we shall issue the C form to you when u withdraw the case and give us a credit note for the same. Once you have....
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....efault" means non-payment of debt when whole or any part or instalment of the amount of debt has become due and payable and is not (paid) by the debtor or the corporate debtor, as the case may be; (17) Having established the case by the Appellant before the Adjudicating Authority, the Adjudicating Authority ought not to have directed the Respondent to settle the claim of the Petitioner within a period of 3 months from the date of receipt of the copy of the Order. Further, the Learned Adjudicating Authority observed that the Application filed by the Appellant/Applicant is with an intention to recover an alleged balance amount, which is against the object of Code, and the settled position of the law. This Tribunal is of the view that the s....