- (1.) The Operational Creditor has filed this application under Section 9 of the Insolvency & Bankruptcy Code, 2016. The Operational Creditor has filed Form No. 5. The Operational Creditor has filed this application against the Corporate Debtor on the ground that the Corporate Debtor committed default in discharging the amount due to the Operational Creditor in connection with the supply of goods.
(2.) The brief facts of the Operational Creditor M/s. Sunline Suppliers Pvt. Ltd., that the company is the supplier of industrial hardward and tools and it had supplied the industrial hardware to the Corporate Debtor M/s. Infinity Fab Engineering Company Pvt. Ltd. The details of sale transactions and the payments received from time to time against the sales are shown as Annexure-5. However, it is urged that the Corporate Debtor fell due an amount of Rs. 11,25,821/-. It is the case of the Operational Creditor that it had served demand notice on the respondent Corporate Debtor in Form No. 3 and a copy of Invoice was attached to the notice in Form No. 4 as per the provisions of Section 8 of the I & B Code as well as per the Rules on the registered office of Corporate Debtor. It is stated that the demand notice was also delivered to the Corporate Debtor by hand on 23.12.2016, in the alternative, the demand notice (scanned copy) and the Invoices in Form No. 4 were sent by E-mail to the Managing Director of the Company as per Rules. The service of notice and copy of E-mail sent to the Managing Director are shown as Annexure-7. It is further urged that the applicant is also claiming interest at 24% p.a. as payment was not made on time.
(3.) Against this demand, the applicant company neither received any amount from the Corporate Debtor nor any notice of dispute till 03.01.2017 (within the mandatory period of 10 days of service of demand notice). In proof of non-payment after the service of demand notice on the Corporate Debtor, the applicant has filed a certificate from the Bank of Maharashtra that no payment was received from the Corporate Debtor to the account of the applicant. The Bank Certificate is enclosed as Annexure-8. The applicant has also filed two other Bank accounts which it is operating in HDFC Bank to the effect that no amount was received from the Corporate Debtor. The bank statement of account is shown as Annexure-9. Hence, this application.;