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TMI Blog2018 (11) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... y (Application to the Adjudicating Authority) Rules, 2016, seeking admission of the Petition, initiation of Corporate Insolvency Resolution Process, granting moratorium and appointment of Interim Resolution Professional as prescribed under the Code and Rules thereon. 2. Averments in the application in brief: a. Corporate Debtor Company "Indus Towers Private Limited" Company is incorporated under Companies Act, 1956 having its registered office as mentioned in the cause title. b. The Indus Tower Private Limited, is registered infrastructure provider, category-I(IP-I) by virtue of registration granted by the Department of Telecommunications, Minsitry of Communication and IT, Government of India, and is engaged in the business of establis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tower. e. It is averred that the corporate debtor has obtained electricity connection from the State Electricity Board for the purpose of tower which is for commercial purpose and also obtained construction permission from GHMC. f. It is averred that Operational creditor issued a notice in Form-3 on 05.04.2018 and the said notice was replied by the corporate debtor by making all false, vague and untenable allegations. The operational creditor avers that due to non-payment of the rents by Indus Towers Limited, Operational creditor was put to hardships. g. The operational creditor avers that he never obligated to take all necessary permissions nor was required to do the installation under the lease deed. Operational creditor requested ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction to entertain the application against the corporate debtor as the registered office of corporate debtor is in Gurgaon State of Haryana. By virtue of section 60(1) of I&B Code. The corporate debtor has raised preliminary objections with regard to the jurisdiction of this Tribunal to entertain this application. 7. I have heard the counsels for operational creditor and corporate debtor. The operational creditor filed application under section 9 of I&B Code against corporate debtor to trigger Corporate Insolvency Resolution Process alleging default of payment of operational debt. 8. The operational creditor shown in Form 5, the circle office address of the corporate debtor as if it is its registered office. The demand notice in Form 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is clear from lease deed which is relied by the operational creditor. As on the date of filing the present petition. The registered office of the corporate debtor is situated at Gurgoan State of Haryana. 12. Therefore operational creditor can't maintain this application filed under section 9 of I&B Code in this Tribunal. Operational creditor has to file application against corporate debtor before concerned NCLT having jurisdiction over the place of registered office of corporate debtor. 13. I agree with the contention of counsel for corporate debtor that this Tribunal has no Jurisdiction to entertain the present application. 14. Therefore the application is to be returned to the operational creditor for presentation before concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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