9911796707
TMI Blog2018 (12) TMI 1713X X X X Extracts X X X X X X X X Extracts X X X X ..... l invoking the provision of Section 9 of Insolvency and Bankruptcy Code, 2016 ( the Code ) against the Respondent (Global Energy Talent Private Limited) for initiating Corporate Insolvency Resolution Process ( CIRP ) against the Respondent. 2. The Applicant has averred as follows: a. On 05.11.2013 M/S Global Energy Talent Private Limited (GET) made the offer vide email to Dr. Mashaa'l to engage him and his services for their client in Iraq, who visited to conduct a course 'Foundation Training on Laboratory Functioning Techniques' conducting training programs where there were 2 teaching sessions for 10-14 trainees, providing 2 weeks of training to each trainee and this offer was accepted by applicant vide email dated 06. I I .2013. b. GET issued a statement of work, where the consideration of Dr. Mashaa'l's services was set at USD 900 per training day, the same was accepted by Dr. Mashaa'l. c. From 29.03.2014-17.04.2014 01.06.2014-16.06.2015, the course was duly conducted and concluded by Dr. Mashaa'l in two sessions well to the satisfaction of GET. d. On 03.07.2014 Dr. Mashaa'l wrote email to GET ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agement of the entity situated at Mauritius is wholly different and there is no link or connection between Global Energy Talent Private Limited (India) and Global Energy Talent ( Mauritius) and this fact was clearly informed by the management of Corporate Debtor to the Operational Creditor, both through emails, as well as through telephonic conversations. b. Principal Debtor states that no claim whatsoever is liable to arise in India. The operational Creditor, by filing a case against the Indian Company is misinformed, has committed an error, which goes to the foundation of the present suit and hence this Hon'ble Tribunal does not have the territorial jurisdiction to adjudicate on events which have taken place in Mauritius. c. It is stated that the training was to be provided at fixed intervals, and full payments would be provided on satisfaction of PetroChina. However, as would be revealed hereinafter, the operational creditor only undertook selective training classes for the personnel, and he moreover, took several unauthorized leaves, which resulted in the personnel not receiving adequate training. As such, Petro China only released payment on pro-rated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y occurred between Petro China and Global Energy Talent Pvt. Ltd., Gurgaon, Haryana. All the emails exchanges between the Operational Creditor and Corporate Debtor occurred between Mr. Vikram Singha, Mr. Naveen Tomar, Ms. Rajna Rajan, Ms. Tanya Bhatnagar and Ms. Sonam Singhal. These emails nowhere show any representation of Global Energy Talent, Mauritius nor the contact numbers of the imaginary Global Energy Talent Mauritius as there exists no such company as per available records. Furthermore, the training sessions conducted by the Operational Creditor included test sheets, participant registration forms, training feedback forms which even bore the address of the Corporate Debtor, Global Energy Talent Pvt. Ltd., Gurgaon, Haryana. d. In view of the aforementioned facts and documents, which undeniably attest to the training sessions which were organized by the Corporate Debtor, the Corporate debtor deliberately omitted material facts in its reply and has attempted to mislead the Operational Creditor and this Hon'ble Tribunal towards believing the fact that the training contract was between the Operational Creditor and Global Energy Talent, Mauritius and is therefore l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that all the work-related statements and emails are being exchanged through Mr. Vikram Singha and Dr Mashaa'l in which he never stated that Operational Creditor contacting the wrong company or any other such things which proves that contract is not with Global Energy Talent, Gurgaon but with Global Energy talent, Mauritius. Further all the sheets of the training sessions attached as a proof vide diary no. 4962 having the imprint of Global Energy Talent, Gurgaon. b) Whether Operational Creditor will be paid fully for all the sessions for 42 days ? It is evident from the records that Operational Creditor out of the 42 altogether training sessions only 36 was conducted. Therefore, the Operational Creditor will only be paid for those training days only i.e. 36 and for which the ()perational Creditor had sent fresh invoice to Mr. Vikram Singha. c) Whether there is any pre-condition that payments would be made to the Operational only upon clearance by Petro China? It is very clear from the contract that there is no such condition that corporate Debtor will only clear the amount upon the clearance by Petro China and even if any such condition is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is occupied by or in the possession of the respondent. 2. However, during the pendency of the moratorium period in terms of Section 14(2) and 14(3) as extracted hereunder: (2) The supply of essential goods or services to the respondent as may be specified shall not be terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section (I) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. 3. The duration or the period of moratorium shall be as provided in Section 14(4) of the Code and for ready reference reproduced as follows: (4) The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process: Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (I) of section 31 or passes an order for liquidation of respondent under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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