9911796707
TMI Blog2017 (3) TMI 1701X X X X Extracts X X X X X X X X Extracts X X X X ..... . The applicant has claimed that the Respondent Goodwill Hospital and Research Centre Limited is a 'Corporate Debtor' as it owe a sum of Rs. 1,119,869.00 to the applicant as the principal amount plus interest. The applicant is engaged in manufacturing, distribution and maintenance of various health care equipments, it entered into a Comprehensive Annual Maintenance contract with the respondent on 2.8.2011 and 11.5.2012, in respect of the Allum FD20C for the period from 1.9.2011 to 31.8.2012 & 1.9.2012 to 31.8.2013, respectively. The applicant had agreed to provide plant, maintenance of the installed machine, Allum FD 20C etc. During the period of contract, the applicant promised to keep the equipment in good working condition. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent notice was sent by the applicant to the respondent on 19.3.2014 with a request to clear its outstanding dues. Again on 09.3.2016, another notice demanding payment under the hand of Legal Counsel for the petitioner had been sent and the respondent sent a reply on 30.3.2016 and refused to make any payment. 5. The applicant also sent a notice under Section 8 of the IBC to the respondent in Form 3 as provided by the IBC Rules. The notice has been returned undelivered. Like-wise, notice issued at other places also received back undelivered as the registered office of the respondent was found locked. Eventually, a notice was issued by email on the address of the responsible officer of the respondent on 2.1.2017. It refused vide letter dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been done satisfactorily in accordance with the standard of norm/quality stipulated in the agreement. The issuance of certificate is the norm adopted in all such contracts where the work of maintenance is executed. 7. There is no other material on record to acknowledge the satisfactory completion of work in terms of the provisions of the contract dated 2.8.2011 and 11.5.2012. It is also not understood as to why the applicant has maintained blissful silence over the claim to be made for such a long period after 16.1.2014. 8. A sum of Rs. 47,000/- in respect of each of the petition has been paid on 16.1.2014. It is also asserted that the claim has been made within three years and it is within the limitation. A reference has been made to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016. It is brought to your kind notice that dues as claimed by your notice were never outstanding against my clients and the demand notice for the same is hopelessly barred by laws of limitation and hence untenable under law. It is brought to your notice that our clients entered into a Comprehensive Annual Maintenance Contract with your client for the maintenance of installed Allura Xper FD 20C at its hospital to keep the same in a good and proper working condition. It was agreed under the clause 2 of the contract that the service will be provided by your clients for the upkeep of the above mentioned medical equipment at the site of my client but your client in the most unprofessional manner failed to keep up with the contractual obligati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unctioning of equipment has been adversely affected. It has in fact caused major loss of reputation of the respondent operational debtor in addition to severe inconvenience to the patients waiting for the treatment at the Hospital. Accordingly, the payment was deducted by the respondent operational Debtor and intimation was sent to the applicant. 11. It is pertinent to note that the expression dispute has been defined and it is an inclusive definition as could be seen from Section 5(6) of the Code which reads as follows : "dispute" includes a suit or arbitration proceedings relating to: (a) The existence of the amount of debt, (b) The quality of goods or services, or (c) The breach of a representation or warranty," 12. A bare peru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o fathom any material on record to dislodge the stand of the respondent as already discussed in the preceding paras. Hence, we are inclined to reject the above Petitions. We have taken the same view in our judgment dated March 1, 2017 rendered in Company Application No. (I.B.) 07/PB/2017 and Company Application No. (I.B)08/PB/2017/titled as M/s. One Coat Plaster v. M/s. Ambience Pvt. Limited. 14. Hence, the remedy of the applicant above named lies elsewhere and not under the provisions of the IBC, Before parting we make it clear that any observations made in this order shall not be construed as an expression of opinion on the merit of controversy as we have refrained from entertaining the application at the initial stage itself. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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