JUDGEMENT
Jinan K.R., Member -
(1.) The petition is filed under Section 9 of the Insolvency and Bankruptcy Code 2016 and for initiation of corporate insolvency against the Corporate Debtor (Dooteriah & Kalej Valley Tea Estates Private Limited) by the Operational Creditor/Applicant (Goutam Kumar Roy) under Section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and bankruptcy (Application to Adjudicating Authority) Rules,2016.
Brief facts of the case:
(2.) The petitioner is the sole proprietor of the proprietorship firms namely "Fuel links" and "Goutam Kumar Roy". Petitioner contents that Fuel links is dealing with sale of Coal and Goutam Kumar Roy is dealing with transporting goods and that out of supply of coal and carrying coal to the tea estate of the respondent/ corporate debtor (Dooteriah & Kalej Valley Tea Estates Private limited) owe Rs. 36,5 0,847.00 (Rupees Thirty-Six Lakhs Fifty Thousand Eight Hundred Forty-Seven) as the outstanding amount due and payable to the Petitioner. The occurrence of the date of default is from 12.11.2016.
(3.) Petitioner further contents that as per the balance confirmation exchanged between the parties the outstanding amount due is Rs. 29,74,611/- (Rupees Twenty-Nine Lacs Seventy-Four Thousand Six Hundred Eleven Only) for 'Fuel links' and Rs. 6, 76, 236/- (Rupees Six Lacs Seventy-Six Thousand Two Hundred Thirty-Six Only) for Goutam Kumar Roy, and produced Annexure-C, a computerised ledger copies and Annexure-D to prove the balance outstanding amounts due to the petitioner.;
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