FORM OF DEMAND NOTICE / INVOICE DEMANDING PAYMENT UNDER THE INSOLVENCY AND

BANKRUPTCY CODE, 2016

FORM OF DEMAND NOTICE / INVOICE DEMANDING PAYMENT UNDER THE INSOLVENCY AND
BANKRUPTCY CODE, 2016

FORM OF DEMAND NOTICE / INVOICE DEMANDING PAYMENT UNDER THE INSOLVENCY AND
BANKRUPTCY CODE, 2016

FORM OF DEMAND NOTICE / INVOICE DEMANDING PAYMENT UNDER THE INSOLVENCY AND
BANKRUPTCY CODE, 2016
 BEFORE THE LD.ADDITIONAL CHIEF METROPOLITAN MAGISTRATE’S

38TH COURT AT BALLARD PIER, MUMBAI.

MISC. APPLICATION NO. /2018

Mohammed Tanveer Abdul Qadeer ]

Proprietor of Aman Trading Co., ]

Aged 47 years, Occ.: Business, ]

Having registered office at ]

G/02, Olympus House, 25, Raghunath ]

Dadajee Street, Fort, Mumbai 400 001 ]…Applicant

Versus

Senior Inspector of Police ]

M. R. A. Marg Police Station ]

Opposite Crawford Market, ]

M. R. A. Marg, Mumbai ]… Respondent

AFFIDAVIT IN SUPPORT OF APPLICATION

I, Mohammed Tanveer Abdul Qadeer, aged 47 years, Indian Inhabitant of

Mumbai, the applicant abovenamed, do hereby state on solemn affirmation as

under:

1. I am sole proprietor of Aman Trading Co., and carrying on business of

trading in metal scrap at pan India level and interalia at Mumbai, having my

office at address mentioned in the cause title and also has gala premises at

Andheri-Kurla Road, Mumbai.

2. I say that sometime in March 2017, I had sold metal scrap worth Rs.

1000000 to one Dinesh Gupta, the proprietor of Lords Steel. I say that I have

sold supplied and delivered the scrap to Dinesh Gupta and raised an invoice

dated 01.12.107 bearing no. ATC/29/17-18 for Rs. 1000616.

3. I say that, despite repeated reminders and requests that Dinesh Gupta

failed and neglected to pay the sum of Rs.1,52,,640 being the applicable taxes
on the sum of Rs.8,48,000. That as per the applicable laws, if the purchaser

does not make the payment of GST, the Seller has to make the said payment.

In the instant case, the minute, the Applicant pays the GST, the said Dinesh

will be entitled to get a set off and refund of tax paid by applicant on account of

claims. That the said Dinesh is now attempting to evade the payment of GST at

18% and insisting that Applicant should not make the payment of taxes.

4. I say that a statuary duty is cast upon me to collect the GST and deposit

the same in the Revenue Department. The said notice is duly served upon the

said Dinesh Gupta.

5. That the intention of the said Dinesh Gupta was bad and dishonest since

inception and he had induced the Applicant into delivering the goods by

promising to clear all the dues, including applicable taxes and he is now after

receiving all the goods, has refused to make the payment of balance amount of

Rs.1,10,640/- and has thereby caused wrongful loss to the tune of

Rs.1,10,640/- and wrongful gain to himself to the tune of Rs.1,10,640/-. That

the said Dinesh Gupta was required to make the payment at the registered

office at Mumbai and furthermore he has made the promises to Applicant to

make the payment at Mumbai and therefore, that part of cause of action arose

at Mumbai.

6. I say that the accused had with bad and dishonest intention, induced the

Applicant to part with his goods on false promises of making the payment of

full and final consideration of the invoice amount, and thereby he has caused

wrongful loss to the applicant and wrongful gain to himself. It is pertinent to

note that a statutory duty was cast upon the Applicant to collect the taxes from

the said Dinesh Gupta and deposit it with Revenue Department. That the

Applicant has made the payment of the said taxes to the CBDT.

7. That as Dinesh Gupta failed to make the payment despite the legal

notice dated 16.10.2017, the Applicant called him and asked him to make the
payment of dues, but the said Dinesh Gupta refused to make the payment and

thereafter stopped receiving the calls of the Applicant. The Applicant therefore

lodged a written complaint with Respondent against the said Dinesh Gupta on

16.01.2018. That the Respondent has not taken any action against the said

Dinesh Gupta and there is no response at all by the Respondent to the

Applicant. Hereto annexed and marked as Annexure-“C” is a copy of the police

complaint dated 16.01.2018.

8. Till date no Crime has been registered in the matter by the M.R.Marg

Police Station despite the matter warranted for a prompt and effective

investigation by them.

9. The office of the complainant is in Fort, Mumbai and comes under

M.R.A.Marg Police Station which falls within the jurisdiction of this Hon'ble

Court and as such the complainant is approaching this Hon'ble Court praying

for orders under section 156(3) of the Code of Criminal Procedure 1973 as in

view of the facts and circumstances of the case, proper investigation needs to

be carried out by investigating agency and in view of the fact that the accused

appears to be a seasoned criminal and has in a pre-planned manner taken

away the confidential data and is misusing the same and it is incumbent for

the M.R.A. Marg Police Station to take charge of the matter and register a crime

against accused abovenamed as even otherwise a prima facie an offence of

section 420 of Indian Penal Code is made out against the Accused and which

can be revealed only in an investigation by concerned police station. Also, the

amounts sought to be evaded are statutory dues payable to the Central Board

of Direct Taxes, Government of India.

I say that, whatever stated in my application is true and correct to the best of

my knowledge and belief and I affirm the same to be true.

Solemnly affirmed at Mumbai aforesaid that this day of 3rd May 2018
 For Aman Trading Co.,

Identified by me, (MOHAMMED TANVEER)

APPLICANT

(SHABNAM LATIWALA)

ADVOCATE FOR APPLICANT

 BEFORE THE HON’BLE ADDL CHIEF METROPOLITAN MAGISTRATE’S

38TH COURT AT BALLARD PIER, MUMBAI

MISC. APPLICATION NO. /2018

Mohammed Tanveer Abdul Qadeer ...Applicant

Versus

M.R.A. Marg Police Station …Respondent

VAKALATNAMA
I the applicant abovenamed, do hereby appoint Shabnam Latiwala,

Advocate, High Court, Bombay to act, appear and plead on my behalf in the

above matter.

In witness whereof, i have set my hand to this writing at Mumbai.

Dated this ______ day of May, 2018

ACCEPTED: For Aman Trading Co.,

Shabnam Latiwala
Advocate for Applicant (Mohammed Tanveer)
G/02, Olympus House, Applicant
25, Raghunath Dadajee Street,
Fort, Mumbai 400 001.
Email.: latiwala@gmail.com
Cell No: 9833015574
Tel No.-022-22617343
 BEFORE THE ADDL. CHIEF METROPOLITAN
MAGISTRATE’S 38TH COURT AT BALLARD PIER,
MUMBAI
CASE NO. /SW/2018

Aman Trading Co., ..Applicant

Versus

M.R.A.Marg Police Station ..Respondent

======================================
Application u/s.156(3) of
C.R.P.C.1973
======================================
Dated this _____ day of May, 2018

Shabnam Latiwala
Advocate for Applicant
G/02, Olympus House,
25, Raghunath Dadajee Street,
Fort, Mumbai 400 001
Email: latiwala@gmail.com
Tel.:022-22617343
Cell No.:9833015574