TaxTMI 
TaxTMI 
2022 (5) TMI 1306
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....t of Interim Resolution Professional as prescribed under the Code and Rules thereon. 2. The averments made in the petition are as follows: (i) The Operational Creditor has supplied and delivered, vide Purchase orders and Invoices for the period from 01.04.2014 to 31.03.2015 (Annexure A, Vol. 1 of the petition), industrial equipments/consumable products to the Corporate Debtor pursuant to an understanding between the Operational Creditor and Corporate Debtor. The Operational Creditor has raised invoices towards the same. (ii) The Operational Creditor has enclosed Ledger Account maintained by the Operational Creditor during the period 01.04.2014 onwards (pages 44-82 of the petition) showing the amount of Rs. 26,59,949/- towards supply of above goods as on 20.03.2019 due and payable by the Corporate Debtor to the Operational Creditor. (iii) The Operational Creditor has issued Demand Notice dated 20.03.2019 (Annexure-F, page 35) in Form-3 to the Corporate Debtor. (iv) The Corporate Debtor gave reply dated 01.04.2019 (Annexure-G, page 38) stating that requisite documents to substantiate the claim have not been furnished to the Corporate Debtor. Not....
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....ve been sent weighs only 25 gms. The Corporate Debtor seems to question the prudence of the Operational Creditor as to how Demand Notice with so many enclosures could weigh only 25 grams. 4. The Operational Creditor has filed rejoinder dated 10.02.2020 contending that: (i) The Corporate Debtor has placed purchase orders, based on which the Operational Creditor has delivered goods and raised invoices. It is the duty of the person who carries goods to the site of the Corporate Debtor to show the goods to the person of the Corporate Debtor and obtain inward stamp affixed by the security person present at the time of delivery of goods and get serial number, date, time entered duly signed by the representative of the Corporate Debtor. It is submitted by the Operational Creditor that at the bottom of the delivery challan the remarks "Received the goods in good condition" can be found duly signed and stamped. That signifies the goods having been received by the representative of the Corporate Debtor. (ii) The Corporate Debtor has raised dispute only after receipt of From-3/Demand Notice, not prior thereto. 5. The Corporate Debtor has filed Written Arguments dated 2....
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....the said payment, the Operational Creditor has issued Demand Notice dated 20.03.2019 in Form-3 which was received by the Corporate Debtor and a reply dated 01.04.2019 has been sent by the Corporate Debtor with some frivolous and baseless pleas. 9. According to the learned counsel for the Operational Creditor as the delivery invoices and receipt of goods under the said invoices is not in dispute and the price of the goods supplied under the said invoices since not paid, an operational debt as claimed by the Operational Creditor due and payable by the Corporate Debtor stands established. Learned counsel reiterates that no dispute as to the goods supplied has ever been raised by the Corporate Debtor. As such the question of existence of any pre-existing dispute does not arise. 10. Per contra, learned counsel for the Corporate Debtor contended that Demand Notice dated 20.03.2019 as issued is not in conformity with the statutory provisions inasmuch as the Operational Creditor failed to enclose all the invoices basing on which the debt is claimed. Nextly, it is contended that signature and seal that appear on delivery challans are disputed as the same are ingenuine. Therefore, the ....
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....r in respect of its property including any action under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); the recovery of any property by an owner or lessor where such property is occupied by or in possession of the corporate Debtor; (C) That the supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. (D) Notwithstanding anything contained in any other law for the time being in force, a license, permit, registration, quota, concession, clearances or a similar grant or right given by the Central Government, State Government, local authority, sectoral regulator or any other authority constituted under any other law for the time being in force, shall not be suspended or terminated on the grounds of insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license, permit, registration, quota, concessions, clearances or a similar grant or right during the moratorium period. (E) That the provisions of sub-section (1) of Secti....