2019 (12) TMI 1699

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.... made in the application are such that: a. The applicant/ corporate debtor is a private limited company duly incorporated under the provisions of the erstwhile Companies Act, 1956, to carry out, inter alia, the business of marketing gift cards, managing digital programs for the corporate entities. b. It is submitted that the respondent/ operational creditor had filed the petition under Section 9 of I&B Code for initiating CIRP against Applicant/corporate debtor. It is averred that counter has been filed by the applicant for which rejoinder has been filed by the respondent in reply to the counter with new facts brought on record, including attachment of specific invoices, transfer of EOW Order, High Court Order etc. ....

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....and the petition of quashing of the FIR bearing ref NO.250 of 2019 dated 19th August, 2019 A-19 9. Agreement dated 07.10.2019 executed between operational creditor and RBL in relation to the cards alleged to be blocked by the corporate debtor. A-20 d. Hence the present application is filed and prayed the Tribunal that it would be imperative and necessary for the adjudication of the petition. 3. Reply/counter filed by the Respondent/ operational creditor: a. It is averred that contents of the application are based on surmises and conjectures and have no relevance with the present case. It is averred that operational creditor had not brought any fresh fact on record and have only countered the baseless allegat....

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....enuine and legitimate dues of the operational creditor. It is further submitted that the RBL Bank through the settlement arrived with the operational creditor and vide acknowledgement letter date 07.10.2019 released the amount of Rs. 4,69,00,000/- against the blocked cards which were issued by the corporate debtor and these facts be substantiated from the acknowledgement already placed on record. e. It is averred that corporate debtor have further filed documents on record along with the application which is evident that the same have been procured illegally which are not admissible in law. f. It is averred that discounts were offered to the operational creditor froml.40% to high discount of 4% which are placed on record b....