TaxTMI 
TaxTMI 
2026 (4) TMI 440
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....n the trading business and having its registered office at the residential premises of the Director of the CD. The CD is not having any manufacturing facility and all the transactions between the appellant and CD were on 'Bill to Ship Basis' i.e. on any order, goods were delivered directly to the customers of the CD under his instructions. 3. The appellant/ operational creditor supplied goods on various dates to the CD and raised various invoices from 13.12.2022 to 18.12.2022 against the purchases made by the CD amounting to Rs. 17,732,898/- however these invoices were not paid and a default had occurred. 4. It is further reflected that the payment of the invoice was required to be made by the CD as per the credit terms stated in the invoice and the invoice was due after 30 days of its issuance. 5. It is also reflected that when the amount of the invoices was not paid a notice under Section 8 of the Code was issued by the appellant to the CD on 17.08.2023 via email as well as through registered post which was received by the CD on 21.08.2023, and the demand of Rs. 17,732,898/- along with interest of Rs. 1,867,637/- was made by delivering the aforesaid notice. The reply to ....
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....lnfraprojects Pvt. Ltd. V. M/s. Hi-Tech Sweet Water Technologies Pvt. Ltd., Company Appeal (AT) (Insolvency) No. 33 of 2023 (ii) Startree Retailors Private Limite V. Mr. Anil Kumar Birla, Liquidator of Ennore Coke Limited, Company Appeal (AT) (CH) (INS) No. 49 of 2021, (iii) Mrs. Leena Salot, Proprietor of Riddhim Textiles V. Ridham Synthetics Private Limited, Comp. App. (AT) (Ins) No. 375 of 2024 & I.A. No. 1278 of 2024, (iv) Dell International Services India Private Limited V. Adeel Feroze and Others, 2024 SCC OnLine Del 4576. 13. It is further submitted that even after the alleged raising of dispute the CD has made regular payments to the appellant which belies the argument of existence of prior dispute and no communication with respect to any prior dispute with regard to any specific invoice has been communicated to the appellant and reliance in this regard has been placed on (i) Surendra Sancheti Vs. Gospell Digital Technologies Co. Limited & Ors., Company Appeal (AT) (Insolvency) No. 583 of 2024, (ii) Romi Datta Vs. Sigma Supply Chain Solutions Pvt. Ltd. & Ors., Company Appeal (AT) (Insolvency) No. 1652 of 2023, (iii) S.S. Engineers Vs. Hindustan Petroleum Corporation Ltd.....
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....9 of the Code was incomplete as no time has been provided therein of default. There was no debt due and payable to the appellant by the Respondent and no illegality in this regard has been committed by the Ld. Adjudicating Authority. 23. Ld. Counsel for the Respondent has relied on the following case laws: (i) Nilanjana Chakravorty Dutta v. Binod Kumar Choudhary and Ors., CA (AT) (Ins) No. 927 of 2022. (ii) Piyush Banerjee v. IL&FS Financial Services Ltd., CA (AT) (Ins) No. 1383 of 2022. (iii) Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1. (iv) Straw Commodities LLP v. Anram Agro Trading (P) Ltd., (2024) SCC Online NCLAT 2172. (v) Rajratan Babulal Agarwal v. Solartex India Pvt. Ltd. & Ors., (2023) 1 SCC 115. (vi) Shri Bajrang Wind Park Developers v. Inox Wind Infrastructure Services Ltd., [CP (IB) No. 212 of 2021- NCLT Ahmedabad (Bench II). (vii) Samman Lal Sher Singh Pvt. Ltd. v. RS Print Solution Pvt. Ltd., 2025 SCC Online NCLAT 1369. (viii) Suryansh Merchandise India Ltd. v. Gujarat Ambuja Exports Ltd. [CP (IB) No. 147 of 2020- NCLT Ahmedabad. (ix) Sendoz Commerical Pvt. ....
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....oices, which is a commercial dispute which is pre-existing between the parties". 25. We recall that the applicant/appellant is/was in the business of supplying hydrocarbon oil and has supplied it on various dates to the Respondent and various invoices with regard to the same were issued from 13.12.2022 to 18.12.2022 amounting to Rs. 17,732,898/-. It appears to be an admitted case of the applicant that goods were delivered directly to the customers of the CD on his (CD's) instructions on 'bill to ship basis'. 26. Perusal of Part-IV of the application filed by the appellant under Section 9 of the Code would reveal that Rs. 17,732,898/- has been shown as the amount of outstanding bills/invoices and Rs. 1,867,637/- has been claimed as interest thereon. Thus, in total Rs. 19,600,535/- has been claimed by the applicant and the date of default has been shown from 12.01.2023 to 17.01.2023. 27. It is also evident that demand notice under Section 8 of the Code and under Rule 5 of the application to adjudicating authority rules, 2016 was given by the appellant to Respondent on 17.08.2023, wherein identical amount as shown in Part-IV of the application was claimed. 28. It is also e....
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.... caused by the same to the machines. 34. The appellant appears to have filed a rejoinder to the reply filed by the Respondent before Ld. Adjudicating Authority and has denied much of the contents of the reply so filed by the Respondent but in para no. 4.7 of the rejoinder has only stated that selective WhatsApp chats have been filed by the Respondent and therefore the only objection has been taken pertaining to the filing of selective WhatsApp chats and thus the screenshots of the WhatsApp chat filed by the Respondent through its reply has not been specifically denied by the appellant in its rejoinder. 35. The Respondent had also filed two debit notes issued by its customers i.e. Reliable Industries and Hiltop Highrise Pvt. Ltd. The debit note pertaining to the Reliable Industries appears to be to date 23.08.2022 with regard to the supply dated 31.03.2021, which is certainly of the period prior to the supply made by the Appellant to the Respondent. Therefore, this debit note does not appear to be relevant. However, the second debit note issued by the Hiltop is pertaining to the purchase made in April to May, 2023 and thus appears to be relevant to show that the amount has bee....