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TaxTMI 
TaxTMI 
TaxTMI 
2021 (11) TMI 190
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....rporated with Identification No. U45201MH2001PTC132991 who is engaged in the" business of construction on Turnkey, BOT and annuity basis especially in constructing the national highways, expressways, pump houses and also having expertise in infrastructural work. The Corporate Debtor is incorporated with Identification No. L74210TG1990PLCO11114 who is engaged in business of undertaking of all types of Civil, Electrical and Mechanical works. 3. AVERMENTS IN PETITION 3.1. It is averred that the National Highway Authority of India Ltd. (hereinafter referred to as "NHAI") had allotted the work of widening and strengthening of existing National highway from 2 lane to 4 lane of NH-45B of Madurai Tuticorin Road Project in the State of Tamil Nadu ....
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..... 66,70,774/- as against the total bill for Rs. 1,03,37,256/- and Rs. 7,92,520/- as against the total bill for Rs. 18,79,942/-. The Corporate Debtor was legally liable to pay an amount of Rs. 36,73,997/- and Rs. 10,87,422/- respectively towards outstanding bills. 3.6. It is averred that the without paying the amount, the Corporate Debtor had deducted the TDS on the outstanding amounts and furnished Form 16A to the Operational Creditor. The Operational Creditor has filed Special Civil suits against the Corporate Debtor before the Hon'ble Civil Judge, Senior Division, Nagpur which were returned to the Plaintiff for its presentation to proper court on the ground of Jurisdiction. 3.7. As there was no response from the Corporate Debtor reg....
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....nally shown an outstanding amount of Rs. 10,83,141/- in respect of both the works. It is averred that the deductions made by the Corporate Debtor is without any basis or evidence. The dispute raised by the Corporate Debtor is made without any evidence or justification. 3.11. It is averred that as per the statement of account of Operational Creditor after deducting all the payments made by the Corporate Debtor as sum of Rs. 34,47,789/- was outstanding in respect of Madurai Tuticorin express highway works and sum of Rs. 10,87,422/- was outstanding towards Barchakiya Work and accordingly the Operational Creditor issued a demand notice under the prescribed provision to the Corporate debtor. The notice was received by the Corporate Debtor on 25....
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....ts the liability. 4.5. It is averred that the Corporate Debtor had never raised a dispute either on billing or to the total amount due and it is falsely stated that the Corporate Debtor neglected to pay the same even after several requests. There is no crystallized debt as alleged by the Operational Creditor and the Corporate Debtor never admitted the liability. And it is a fact that the Operational Creditor filed suit before the Hon'ble High Court and after contest the said suits were returned for its presentation before proper court. If there was any admitted debt, then the Operational Creditor would have represented the said suits and ought to have continued the proceedings. 4.6. It is averred that the allegations made by the Opera....
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....mpleted within the stipulated time i.e., 31.05.2010 and 09.01.2011 therefore/as per Article 18 of the Limitation Act, 1963, the limitation prescribed is three years which expires on 30.05.2013 and 08.01.2014 respectively for the two agreements. The Operational Creditor never initiated any proceedings within the limited period and they filed Civil Suits before the Civil Judge after the expiry of the limitation period. 5.2. The Operational creditor pleaded that Form 16A confirms the outstanding amounts payable by the Corporate Debtor but it clearly shows that even the last Form 16A was for the transaction for the period from 01.01.2011 to 31.03.2011 and the period of three years from the said date is 30.03.2014. 5.3. The Operational Credito....
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....ational Creditor and the Corporate Debtor had paid the bills which were approved by the site engineers at the project site and the balance is only Rs. 10,83,141/-. 6.4. The Corporate Debtor submits that the amount claimed by the Operational Creditor is clearly barred by Limitation and the Bench noted that the Corporate Debtor herewith paying the admitted amount of Rs. 10,83,000/- by way of Demand Draft to the Operational creditor. 6.5. It is noted by the Bench that there are disputes regarding the claim of the Operational Creditor and those disputes were pending much prior to the issuance of the demand notice. 6.6. In this regard the Bench would like to refer to Hon'ble Supreme Court of India Judgment of Mobilox Innovations Private L....