TaxTMI 
TaxTMI 
2022 (8) TMI 1058
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....on the ground that the Corporate Debtor committed default in paying the operational debt of Rs. 31,66,482/- (Rupees Thirty-one Lakh Sixty-six Thousand Four-Hundred Eighty-two Only). 2. The Operational Creditor states that by Invoices dated 15.11.2017 to 26.07.2019, the Operational Creditor sold and supplied the Corporate Debtor certain goods (details noted in invoices). The Corporate Debtor paid some amount leaving some amount as the outstanding. 3. In spite of repeated demands, the Corporate Debtor failed to make payment of outstanding amount hence on 20.12.2019, the Operational Creditor sent notice under Section 8 of IBC to the Corporate Debtor. Notice was received by the Corporate Debtor. The Corporate Debtor replied the notice raising....
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.... not maintainable. 7. We heard learned PCS, Dhiren Dave for the Operational Creditor and learned counsel, Mr. Pratik Thakkar, for the Corporate Debtor. We have gone through the evidence and material on record. 8. It is not in dispute that the demand notice under Section 8 of IBC dated 20.12.2019 (at page no. 10) was received by the Corporate Debtor and the Corporate Debtor replied the same vide notice reply dated 04.01.2020. 9. The Operational Creditor produced that reply on record at Annexure-II-D (at page no. 135). In that reply, the Corporate Debtor contended that there is dispute existing in between the Corporate Debtor and Operational Creditor about the debt amount and about the late delivery of goods etc. In reply, the Corporate De....
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.... also present in the office with you. You informed me that Mr. Dave has drafted a letter and same was been printed on letter head of my Company at your office. I had protested such acknowledgement as admittedly you have delayed the supply and my window of order from UAE was already over. You refused to supply us material under P.O.001 dated 01.04.2019 without signing that letter there and then. I was aware that it was a trap to enable you to file under IBC before NCLT. However, in the interest of my Company I had to sign such letter at your office to avoid commercial and goodwill loss of my Company due to failure of commitment on your behest. It is evident that no prudent man will give such acknowledge on the date of generation of invoice....
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....ess upon us that original debt as claimed is correctly mentioned in the application. However, we hold that the Corporate Debtor has already raised the dispute not only about the exact debt amount payable by him but also quality and late delivery of goods etc. 13. Learned counsel, Mr. Pratik Thakkar for the Corporate Debtor brought to our notice the affidavit filed by the Operational Creditor in compliance of Section 9(3)(b), 9(3)(c), wherein the representative of the Operational Creditor made a statement that Operational Creditor did not receive any notice of dispute. According to Mr. Pratik Thakkar, it is a false statement on oath. In some earlier proceeding, the Operational Creditor was imposed with some penalty by this Adjudicating Auth....