ORDER

1. Present application has been filed under Rule 11 of the NCLT rules, 2016 seeking following reliefs:

a) To take on record the date of Default as April 5, 2019.

b) To take on record the documents annexed in the present Application; and c) Pass any such other order(s) as may be deemed fit and proper by this Hon'ble Tribunal in the facts and circumstances of the case.

Facts:

2. The facts leading to the case in hand are as follows:

i. The Applicant and the Respondent executed two contracts dated 22 October 2018 (3 rakes) and 25 October 2018 (4 rakes) for the sale of Steam (Non-Coking) Coal of 3900 MT each rake. As per Clause 7 (Payment Terms) of the both the contracts the Respondent was bound to make payments to the Applicant within 30 days from the berthing of the vessels. The contracts further stipulated that any delay beyond 30 days would attract interest @ 12% per annum. The issuance of delivery order was contingent upon receipt of payment, and there was no provision for credit sale under the contract. Clause 7 of the Contract is reproduced hereunder for ready reference:

"7. PAYMENT TERMS

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