The National Company Tribunal Chandigarh, bench of Justice Harnam Singh Thakur and Shri Kaushalendra Kumar Singh, have held that a mere bald denial that invoices forming the basis of the claim were not received cannot prevail over specific, dated communications and signed acknowledgements originating from within the operational creditors’ finance department.
The operational creditor Pierian Services Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (the ‘Code’) for initiating Corporate Insolvency Resolution Process against GEMS Education Solutions India Private Limited the Corporate Debtor.
The operational creditor entered into a Master Services Agreement with the Corporate…