M.K. Shrawat, Member - (1.) The Petitioner is an "Operational Creditor" hence submitted Form No. 5 on 28.06.2017 in respect of unpaid debt amount of Rs. 54,96,000/-.
(2.) The facts of the case in brief are that as per the Work Order dated 07th March 2016 entered into between DBM Geotechnics and Construction Private Limited and Lift & Shift India Private Limited for hiring of Spud Barge (AF-180) for Marine Geotechnical Work at Sewree to Nhava Site (Job No. 3745), Invoice No. 001 dated 1st April, 2016; Invoice No. 010 dated 13th April, 2016 and Invoice No. 035 dated 11th May, 2016, the debt amount fell due on the following dates:-
(3.) The debt has been proved by way of (a) Work Order dated 7th March, 2016, (b) Invoice No. 001 dated 1st April, 2016, (c) Invoice No. 035 dated 11th May, 2016, (e) Copies of emails exchanged between the representatives of Lift & Shift India Private Limited and the representatives of DBM Geotechnics and Construction Private Limited, (f) Notice dated 27.06.2016 sent by Lift & Shift India Private Limited to DBM Geotechnics and Constructions Private Limited, (g) Reply dated 30.08.2016 from DBM GEOTECHNICS and Constructions Private Limited to Lift & Shift India Private Limited, (h) Notice dated 19.09.2016 sent by Lift & Shift India Private Limited to DBM Geotechnics and Constructions Private Limited.;