2020 (2) TMI 1586

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.... Ltd. ("Respondent") for initiating Corporate Insolvency Resolution Process ("CIRP") of the Respondent for a claim of Rs. 20,82,383/- for the alleged default by the Respondent Company in clearing the dues of the Applicant. 2. The Applicant has averred as follows: i. The Applicant has been dealing with the Respondent for over 4 years. They respondent has been placing orders for Aluminum Alloys upon the Applicant on a regular basis through various purchase orders and the Applicant has been supplying the same. ii. Vide purchase order no. NEC/1803 dated 14.02.2017 the Applicant placed orders on the Applicant for supplying aluminum allows - rod and bar. The aforementioned goods were duly supplied to the Applicant as per the ....

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....nk, NOIDA presented by the Applicant on 19.06.2017. vii. The cheques were returned with the remark "Stop Payment" on 20.06.2017 and 22.06.2017. Emails dated 27.06.2017, 07.07.2017, 17.07.2017 and 05.09.2017 were sent by the Applicant to the Respondent asking for release of outstanding amount. viii. On 06.09.2017 the representatives of the Applicant visited the premises of the Respondent to inspect the goods and even to collect the outstanding payments, however, no one attended the representatives of the Respondent nor did they show them the goods and after waiting for a long time the representatives had to return empty handed. ix. A demand notice dated 21.11.2018 was issued by the Applicant to the Respondent ....

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....tely concealed the fact that the Respondent also issued debit notes dated 13.07.2017 for Rs. 14,84,775/- and 17.07.2017 for Rs. 2,42,469/- to the Applicant. The two debit notes were sent to the Applicant vide letter dated 19.07.2017. Therefore, it does not lie in the mouth of the Applicant to say that there has never been any issue with respect to inferior quality of the goods supplied by the Applicant. The Applicant did not reflect this situation in its statement of account for the period 2017- 2018. 4. The Applicant in its rejoinder has contended as follows: i. The letter dated 19.07.2017 relied on by the Respondent is a doctored and fabricated document. This letter was neither written to the Applicant nor did the Respondent e....