Non-payment by corporate debtor, for supply of goods by operational creditor, is operational debt

Mukul Agarwal Vs Royale Resinex Pvt. Ltd. (NCLAT Delhi)

Facts- The Operational Creditor supplied poly propylene to the Corporate Debtor as per the demand raised by the Corporate Debtor. Invoices were raised in the name of the Corporate Debtor. The Operational Creditor filed a Civil Suit No.149 of 2015 against the Corporate Debtor for recovery of amount of Rs.16,44,500/-.

The Operational Creditor issued notice u/s 8 of the Code in Form-3, dated 06.04.2019 to the Corporate Debtor claiming amount of debt as Rs.25,04,630/-. The notice u/s 8 of the code was not replied by the Corporate Debtor.
An Application u/s 9 was filed by the Operational Creditor before the NCLT. The Application was replied by the Corporate Debtor vide its reply dated 18.09.2019.

The Adjudicating Authority by the impugned order dated 31.07.2020 has admitted the Application and appointed an Interim Resolution Professional. Aggrieved by the order dated 31.07.2020, this Appeal has been filed by the Suspended Director of Corporate Debtor.

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