9911796707
TMI Blog2019 (5) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court of Karnataka against M/s. Indiaontime Express P. Ltd., by, inter alia, seeking a direction to wind up the respondent-company M/s. Indiaontime Express P. Ltd., in accordance with the provisions of the Companies Act, 1956, by appointing official liquidator attached with the hon'ble High Court of Karnataka, etc. 2. As per Gazette Notification No. G. S. R. 1119(E), dated December 7, 2016* the case was transferred to this Tribunal from the hon'ble High Court of Karnataka. Accordingly, the case is taken up on record of this Tribunal and renumbered as T. P. No. 83 of 2017 and was initially listed on February 2, 2017. On March 22, 2017 the petitioner counsel was directed to comply the relevant provisions and rules under the Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... December 15, 2017, January 11, 2018, February 19, 2018, March 12, 2018, April 10, 2018, May 2, 2018, June 11, 2018, July 2, 2018, July 20, 2018, August 27, 2018, September 25, 2018, October 26, 2018, November 29, 2018, December 13, 2018 and December 19, 2018. 6. Brief facts, as mentioned in the company application, which are relevant to the issue in question, are as follows : (1) M/s. Krystal Integrated Services P. Ltd., is a company incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as petitioner/operational creditor) bearing CIN No. U74920MH2000PTC129827 having its registered office as Krystal House, 15A 17, Shivaji Fort CHS Duncans Causeway Road, Mumbai-400 022. M/s. Indiaontime Express P. Ltd. (her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it also came back as "no such firm". Even e-mail notice was also not served as submitted by counsel for the petitioner. The petitioner has also submitted that the directors are in all likelihood may not be located in Karnataka and they have not gone head with the paper publication also. 8. The invoices for the amount of Rs. 1,06,32,704 relates to the period from June, 2013 to December, 2013. The respondent-company has paid the amount of Rs. 25,00,000 in October-November, 2013 and thereafter no payment have been received by the petitioner. We have gone through the papers filed by the petitioner and found that no purchase order available in the file having proof for terms of the payment except copy of the invoices and manpower provided by v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on made by the petitioner-counsel as also the fact as stated in the petition, it seems that the corporate debtor has not entered into any manpower supply contract with the operational creditor nor the corporate debtor has placed any purchase order/supply order as also the operational creditor is even unable to locate corporate debtor or its director, the case is not ripe to be taken up under sections 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Moreover the petitioner has even failed to comply with the National Company Law Tribunal, Bangalore Bench order dated July 20, 2018 vide which the Tribunal allowed I. A. No. 187 of 2018 granting prayer for paper publication. Even registry of this Tribunal vide notice dated August 8, 2018 has ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
