The appeal was filed against an order dated April 25, 2022, by which the Adjudicating Authority rejected an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Appellant-Operational Creditor had issued a Purchase Order dated May 26, 2018, to the Corporate Debtor for the supply and installation of a 'West Water Recycle System'. Amounts were paid to the Corporate Debtor, and the Corporate Debtor delivered the 'West Water Recycling Plant' on the site of the Applicant. The Appellant claims to have cancelled the entire Purchase Order by email dated October 5, 2020. Following the cancellation, the Appellant filed a Section 9 application of the IBC, claiming a refund of the entire amount paid, alleging default of not refunding the amount.
Tirupati Starch and Chemicals Ltd. (Appellant/Operational Creditor) issued a Purchase Order to a Corporate Debtor for the supply and installation of a 'West Water Recycle System' on May 26, 2018. The Appellant paid amounts to the Corporate Debtor, and the Corporate Debtor delivered the plant to the Applicant's site. Subsequently, the Appellant claims to have cancelled the Purchase Order via email on October 5, 2020. Following the cancellation, the Appellant filed a Section 9 application under the IBC, claiming a refund of the amount paid, alleging default. The Corporate Debtor opposed the application, stating that work was performed as per the order. The Adjudicating Authority rejected the application, finding a genuine pre-existing dispute based on materials on
…Sign in to view the parties.
Appellant-Operational Creditor issued a Purchase…
Email on record…
Sign in to view related legal provisions.
The appeal was filed against an order dated April 25, 2022, by which the Adjudicating Authority rejected an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Appellant-Operational Creditor had issued a Purchase Order dated May 26, 2018, to the Corporate Debtor for the supply and installation of a 'West Water Recycle System'. Amounts were paid to the Corporate Debtor, and the Corporate Debtor delivered the 'West Water Recycling Plant' on the site of the Applicant. The Appellant claims to have cancelled the entire Purchase Order by email dated October 5, 2020. Following the cancellation, the Appellant filed a Section 9 application of the IBC, claiming a refund of the entire amount paid, alleging default of not refunding the amount.
Tirupati Starch and Chemicals Ltd. (Appellant/Operational Creditor) issued a Purchase Order to a Corporate Debtor for the supply and installation of a 'West Water Recycle System' on May 26, 2018. The Appellant paid amounts to the Corporate Debtor, and the Corporate Debtor delivered the plant to the Applicant's site. Subsequently, the Appellant claims to have cancelled the Purchase Order via email on October 5, 2020. Following the cancellation, the Appellant filed a Section 9 application under the IBC, claiming a refund of the amount paid, alleging default. The Corporate Debtor opposed the application, stating that work was performed as per the order. The Adjudicating Authority rejected the application, finding a genuine pre-existing dispute based on materials on
…Appellant-Operational Creditor issued a Purchase…
Email on record…
Sign in to view related legal provisions.