TaxTMI 
TaxTMI 
2022 (4) TMI 1109
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....er Section 9 of IBC 2016 for the alleged default on the part of the Corporate Debtor having an outstanding balance of Rs. 31,08,473/- on account of supplying footwears 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 Operational creditor is involved in the business of manufacturing of footwears. b. Further it is stated that for the goods supplied, invoices were raised by operational creditor bearing Invoice Nos. 1141, 1151 and 1178 for an amount of Rs. 8,22,150/-, Rs. 9,37,251/- and Rs. 1,42,506/- respectively. c. It is submitted that there were various emails in which the payment status and payment was demanded by the o....
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....r. The Copy of demand notice along with postal receipts and the tracking reports has been annexed. i. After receiving the reply from the corporate debtor of notice u/s. 8 of the code, the applicant filed application under Section 9 of the I & B code to initiate the CIRP. As per Form V, the total debt outstanding is Rs. 31,08,473/- as per terms of the invoices for the entire period of delay in payment and the bank charges. 2. The Corporate Debtor in its reply to the application submits that: a. The goods and products which are supplied by the operational creditor were having defects like stitching issues, bad material, holes etc. Further in the event of any defective/inferior quality supplied by the operational creditor ....
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....and perused the case records. 5. The case of respondent is that dispute was raised about quality of the goods supplied by the operational creditor. However, it is seen that the corporate debtor has even paid partly by settling before Ld. MM, Tiz Hazari. Therefore, the contention of corporate debtor regarding disputes cannot be considered. 6. Considering the documents on records and submissions made, it is clearly established that the default in payment of the operational debt has occurred by the corporate debtor. Though the corporate debtor has raised dispute with regards the defective goods, but has not placed on record any document which proves the invoices were disputed. In view of the cheques issued and amount paid by corporate de....
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....nd circumstances, it can be concluded that the applicant has established its claim which is due and payable by the corporate debtor. The present application is admitted. 9. The applicant has not proposed the name of an IRP, therefore, this bench appoints Mr. Chetan Gupta as the Insolvency Resolution Professional of the corporate debtor. The registration number of the IRP being IBBI/IPA-002/IP-N01168/2020-21/13950 and email id. [email protected], IRP above named is appointed subject to the condition that no disciplinary proceedings are pending against him. The specific consent is required to be filed in Form 2 of Insolvency and Bankruptcy Board of India (Application to Adjudicating Authority) Rule, 2016 and made disclo....