2022 (9) TMI 139

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.... ( T ) ORDER Dr. Binod Kumar Sinha , Member ( T ) 1. This is an application filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (for brevity 'the Code') read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') with a prayer for initiation of Corporate Insolvency Resolution Process in respe....

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.... orders dated 28.07.2016, 14.12.2016 and 14.12.2016 for goods worth Rs. 69,16,058/- and confirmed and testified the same. c. The Operational Creditor further stated that the Corporate Debtor made the part payment of Rs. 3,38,900/- through a cheque and the same was dishonoured on 10.10.2018 and thereby, the proceedings under Section 138 of the Negotiable Instrument Act have also been initi....

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....and 01.02.2017 for the supply of the vitrified tiles directly to the customers of the Corporate Debtor and the material provided by Operational Creditor was not up to the mark. Since, the material provided was not in accordance with the specifications, colour and quality of the material, the customers of the Corporate Debtor rejected the same and the Corporate Debtor had to bear the loss. ....

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....ecause the Operational Creditor has failed to disclose that in what manner the same has been calculated and also the Operational Creditor has failed to give any inspection/quality report to the Corporate Debtor. Hence, the Operational Creditor is not entitled for any interest on the dues of Rs. 10,36,900/-. 5. We have heard the submissions made by the Ld. Counsel for the Operational Creditor as....