TaxTMI 
TaxTMI 
2022 (1) TMI 107
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....rocess (CIRP) against the Corporate Debtor viz. Salebhai Internet Limited. The amount of claimed debt in default including interest & legal cost is Rs. 7,00,297/- (Rupees Seven Lakh Two Hundred Ninety Seven Only). 2. The facts, in brief, are that the Operational Creditor is into the business of selling outsourced logistic services through its website www.vamaship.com. The Corporate Debtor is an E-commerce portal offering sweets, dry fruits, paintings, handicrafts, chocolates, herbal products and puja items across India. The Corporate Debtor entered into service agreement with the Operational Creditor on 31.08.2016, for availing the logistic services of the Operational Creditor, i.e. for delivering the products to the customers of the Cor....
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....g till 06.12.2017 was Rs. 4,22,819/- and further three invoices dated 11.12.2017, 10.01.2018 and 12.03.2018 were issued to the Corporate Debtor aggregating to Rs. 2,21,415.20/-. It is further submitted by the Operational Creditor that the Corporate Debtor on 17.01.2018 paid Rs. 1,00,000/- out of the total undisputed and admitted outstanding dues of Rs. 2,94,208/- as admitted through email dated 03.01.2018. 6. The Operational Creditor further submitted that after sending several notices and e-mails to the Corporate Debtor claiming the outstanding amount, the Operational Creditor sent the Demand Notice on 25.07.2018 in Form 3 under Section 8(1) of the IBC, 2016 claiming Rs. 7,00,297/- (Rupees Seven Lakh Two Hundred Ninety Seven) which incl....
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....g Authority vide order dated 25.09.2019 adjourned the matter to the other date on the ground that the settlement was going on between the Corporate Debtor and the Operational Creditor. It is further submitted by the Corporate Debtor that in order to make settlement the Corporate Debtor sent an e-mail to the Operational Creditor for the payment of the outstanding dues of the Operational Creditor subject to the payment of Rs. 1,35,180.10 by the Operational Creditor to the Corporate Debtor for non-delivery, returns etc. 10. It is submitted by the Corporate Debtor that the claimed amount of the Operational Creditor is Rs. 346286.49, whereas, the amount claimed by the Corporate Debtor for the loss and damages, from the Operational Creditor is....
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....f the Operational Creditor is accepted & admitted by the Corporate Debtor. The default amount meets the threshold limit as per Section 4 of the IB Code, 2016 and is well within the limitation for filing the present application. D. In the view of facts, it is clear that Corporate Debtor has defaulted in the payment of its debts. On the basis of the facts the application is otherwise defect free & on record. Accordingly, we admit this application and order as under: ORDER I. The application is admitted and the moratorium is declared for prohibiting all of the following in terms of Section 14(1) of the Code. a. the institution of suits or continuation of pending suits or proceedings against the corporate deb....
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....ll perform all his functions as contemplated, inter-alia, by Sections 17, 18, 20 & 21 of the Code. It is further made clear that all personnel connected with Corporate Debtor, its Promoter or any other person associated with management of the Corporate Debtor are under legal obligation under Section 19 of the Code extend every assistance and co-operation to the Interim Resolution Professional. Where any personnel of the Corporate Debtor, its Promoter or any other person required to assist or co-operate with IRP, do not assist or Co-operate. IRP is at liberty to make appropriate application to this Adjudicating Authority with a prayer for passing an appropriate order. V. This Adjudicating Authority directs the IRP to make public ann....