2025 (9) TMI 1814

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....in (Oral)] This appeal is filed by the Unsuccessful Operational Creditor whose application filed under Section 9 of the Insolvency & Bankruptcy Code, 2016 ('Code') bearing CP (IB) No. 523/MB/2022 against Wardwiz (India) Solutions Pvt. Ltd. ('Corporate Debtor') for the resolution a of debt of Rs. 8,94,65,473/- has been dismissed. 2. Shorn of unnecessary details, the application filed by the Appellant has been dismissed by the Tribunal on two ground. Firstly, the Appellant has not delivered the demand notice prescribed under Section 8 of the Code to the Corporate Debtor because the pin code was wrongly mentioned as 411043 instead of 411045 and secondly, on the ground that the Appellant sent 230 invoices for the period of agreement which....

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....l passed the following order :- "Mr. Prakhar Tandon Ld. Counsel appearing for the Respondent & s. Vidhi Sharda Ld. Counsel appearing for the applicant are present. Both sides present. Reply is not filed by the Respondent. Respondents right to file Reply is forfeited. List this matter on board on 07.08.2023." 7. On 05.07.2023, Mr. Prakhar Tandon, Advocate had appeared on behalf of the Respondent. Time was granted to the Respondent to file the reply but no reply was filed before the Tribunal as well. 8. Be that as it may, Counsel for the Appellant has submitted that the Tribunal has committed an error in dismissing the application on the ground that the demand notice was served on a wrong address by using the pin code ....

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....ded by the Tribunal on the issue that out of 230 invoices the Appellant cannot claim the amount of 120 invoices is concerned, he has drawn our attention to page 163 to 170 of the Appeal Paper Book to contend that even if 120 invoices are deducted out of 230 invoices, the amount involved in the remaining 110 invoices is Rs. 5.43 Crores which is more than the threshold of Rs. 1 Crore provided under Section 4 of the Code. 14. It is submitted that the Learned Tribunal has not looked into this aspect of the matter and dismissed the application only on the ground that the Appellant has also claimed the amount of the invoices of the period of July to August, 2019. 15. We have heard Counsel for the Appellant and perused the record with his ab....