9911796707
TMI Blog2017 (11) TMI 486X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant-M/s SmartCity (Kochi) Infrastructure Pvt. Ltd. ('Corporate Debtor') challenging the order dated 9th June, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai in CP/484 (IB)/CB/2017. 2. By the impugned order, the Adjudicating Authority entertained the application under section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "I&B Code") preferred by Respondent- M/s. Synergy Property Development Services Pvt. Ltd. ('Operational Creditor') admitted the application, appointed the Interim Resolution Professional and ordered for Moratorium with further directions in terms of 'I&B Code'. 3. The appellant has challenged the impugned order dated 9th June, 2017, mainly o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, if any, of the corporate debtor. (3) A copy of demand notice or invoice demanding payment served under this rule by an operational creditor shall also be filed with an information utility, if any." 6. From the said so-called notice dated 20th April, 2017, we also find that it has not been issued by the 'Operational Creditor' but by a Law Firm- 'JUSTLAW'. 7. In reply to the said notice, the appellant by its reply dated 18th May, 2017 requested the 'Operational Creditor' to follow the procedures as per agreement by appointing nominee arbitrator without prejudice to the right of the appellant. 8. Another notice seems to have been issued in terms of Rule 5 of the Adjudicating Authority Rules, 2016 dated 7th January, 2017. Though, it h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or', as apparent from last paragraph no. 6 of notice contained in Form - 3, and quoted above. Only if such notice in Form-3 is served, the 'Corporate Debtor' will understand the serious consequences of non-payment of 'Operational Debt', otherwise like any normal pleader notice/Advocate notice, like notice under Section 80 of C.P.C. or for proceeding under Section 433 of the Companies Act 1956, the 'Corporate Debtor' may decide to contest the suit/case if filed, distinct Corporate Resolution Process, where such claim otherwise cannot be contested, except where there is an existence of dispute, prior to issue of notice under Section 8. 32. In view of provisions of I&B Code, read with Rules, as referred to above, we hold that an 'Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ' intimated the Respondent-'Operational Creditor' that the Respondent discontinued the service and abandoned the work. The relevant portion of the letter reads as follows:- "Synergy Property Development Services Pvt. Ltd. Easwaravilasom Road Vazhuthacaud, Trivandrum Kerala - 695 014 Attn.: Mr. Liju Eapen - Associate Director Dear Mr. Liju Eapen We refer to the mail from Mr. Govindan Kutty M dated 4th November, 2016 with copy to you on discontinuation of PMC services on alleged nonpayment of dues and wish to bring to your attention to the following aspects: 1.This is the third unilateral discontinuation of the PMC services by you till date. We feel that such action of you by abandoning the work and withdrawing the staf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout coordinated shop drawings approved by the Consultant or any coordination during work stage. ii) Sliding doors provided by the Contractor in the reception lobbies. The installed units do not match with the BOQ or specification. Therefore, we request you to take necessary immediate action for completing your scope of work in an orderly fashion as envisaged in the contact. Yours faithfully. For SmartCity (Kochi) Infrastructure Pvt. Ltd. Sd/- Kurian Kurjan Director Projects" 14. Therefore, it is clear that much prior to the so-called notice under section 8 of the 'I&B Code', a dispute was raised by Appellant-'Corporate Debtor' regarding non-completion and abandoning of the work. 15. In view of the aforesaid reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
