Ganesh Ores Private Limited, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Deepak Steel and Power Limited, the corporate debtor, for non-payment of dues related to the supply of coal. The operational creditor claimed that the corporate debtor failed to pay the outstanding balance of Rs. 63,25,464/- despite supplying 11000 MT of coal as per the purchase order dated 30.04.2013. The corporate debtor, however, contended that there was a pre-existing dispute regarding the quality and rate of the supplied coal, and that a full and final settlement had been reached on 15.07.2015. The corporate debtor also raised the plea of limitation, arguing that
…Ganesh Ores Private Limited (Operational Creditor) supplied 11000 MT of coal to Deepak Steel and Power Limited (Corporate Debtor) between 15.05.2013 and 18.06.2013, based on a purchase order dated 30.04.2013. The Operational Creditor raised invoices totaling Rs. 2,03,15,464/-. The Corporate Debtor made payments totaling Rs. 1,39,90,000/-, leaving an outstanding balance of Rs. 63,25,464/-. The last payment of Rs. 3,00,000/- was received on 15.07.2015. The Operational Creditor issued demand notices on 24.07.2019, claiming Rs. 1,72,52,986/- (including interest). The Corporate Debtor claimed a prior dispute, stating that the amount was written off on 20.07.2018 after a full and final settlement on 15.07.2015, and that the coal supplied was of inferior quality. The
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Ganesh Ores Private Limited, an operational creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate Corporate Insolvency Resolution Process (CIRP) against Deepak Steel and Power Limited, the corporate debtor, for non-payment of dues related to the supply of coal. The operational creditor claimed that the corporate debtor failed to pay the outstanding balance of Rs. 63,25,464/- despite supplying 11000 MT of coal as per the purchase order dated 30.04.2013. The corporate debtor, however, contended that there was a pre-existing dispute regarding the quality and rate of the supplied coal, and that a full and final settlement had been reached on 15.07.2015. The corporate debtor also raised the plea of limitation, arguing that
…Ganesh Ores Private Limited (Operational Creditor) supplied 11000 MT of coal to Deepak Steel and Power Limited (Corporate Debtor) between 15.05.2013 and 18.06.2013, based on a purchase order dated 30.04.2013. The Operational Creditor raised invoices totaling Rs. 2,03,15,464/-. The Corporate Debtor made payments totaling Rs. 1,39,90,000/-, leaving an outstanding balance of Rs. 63,25,464/-. The last payment of Rs. 3,00,000/- was received on 15.07.2015. The Operational Creditor issued demand notices on 24.07.2019, claiming Rs. 1,72,52,986/- (including interest). The Corporate Debtor claimed a prior dispute, stating that the amount was written off on 20.07.2018 after a full and final settlement on 15.07.2015, and that the coal supplied was of inferior quality. The
…Corporate Debtor placed…
Operational Creditor…