2022 (3) TMI 754

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.... part of the Corporate Debtor having an outstanding balance of Rs. 68,33,055/- on account of supplying of Dry Iron and Steam Iron to the corporate debtor. The details of transactions leading to the filing of this petition as averred by the applicant are as follows:- a. The applicant/Operational Creditor, Kunal Singh proprietor of M/s. Kunal Enterprises is engaged in the business of Chimneys, Mixer grinders, Dry and Steam Irons and other home appliances. b. The operational creditor supplied dry and steam irons and other appliances to the corporate debtor through various invoices between 08.09.2018 to 05.11.0219 pursuant to the purchase order placed through telephone and mail and have also received payment through RTGS/Chequ....

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....gainst the prayers of the applicant. The objections raised by Corporate Debtor are as follows:- a. The Operational Creditor has not delivered the demand notice to the Corporate Debtor, as the same was returned back with the remark insufficient address. The Corporate Debtor submits that the registered office address to which the demand notice was delivered was available on the MCA portal is correct and functional. Furthermore the email sent by applicant is also does not contain an annexures, therefore, the Operational Creditor has not effectively delivered a copy of the demand notice to the Corporate Debtor. b. It is submitted that there is a pre-existing dispute between the parties regarding quality of the goods supplied b....

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.... stated that the said ongoing and pre-existing dispute is also evident from the minutes of the meeting dated 06.02.2020, annexed along with the application for restoration filed by the Operational Creditor, which clearly establishes the supply of defected products by the Operational Creditor and the same has not been disputed/challenged by the Operational Creditor. e. Further the alleged amount claimed in the petition is incorrect and indeterminate, which is substantiated by the existent Inconsistencies in the ledger account as well as the copies of the Invoices annexed along with the petition. The answering Respondent also denies and disputes each and every entry/amount reflected in the purported statement of account enclosed with....

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....ding debit note on the agreed term that operational creditor put the relevel and return back the goods to the Corporate Debtor again. It is also submitted that once goods with respect to a particular batch/lot are returned to the operational creditor by way of making debit note subsequently Corporate Debtor cannot claim that the product were defective. Moreover the materials were returned by the applicant to the corporate debtor during settlement process and recorded in Para 4 of settlement agreement dated 06.02.2020. 4. We have heard the arguments of Ld. Counsels for the applicant and the respondent and perused the case records. Apparently on behalf of the respondent, it is proved on record that there was no Striker on the box of articl....