NCLAT : In Ramco Systems Ltd. vs. Spicejet Ltd.

In absence of specific evidence relating to invoices actually forwarded by the Appellant and there being a doubt, the Adjudicating Authority has rightly refused to entertain application under Section 9 which requires strict proof of debt and default.

There was nothing on the record to suggest that the invoices were forwarded or received by the Respondent ‘Spicejet Limited’. Therefore, the Demand Notice issued as relates to said invoices, though it cannot be held to be barred by limitation, but in absence of specific evidence relating to invoices actually forwarded by the Appellant and there being a doubt, the Appellate Adjudicating Authority held that the Adjudicating Authority has rightly refused to entertain application under Section 9 which requires strict proof of debt and default.

(Link : https://nclat.nic.in/Useradmin/upload/7328538675cd2c522f1561.pdf)