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TMI Blog2020 (2) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... imited ("the Corporate Debtor") [CIN: U72900PN2006PTC128617]. 2. The Corporate Debtor is a company incorporated on 19.06.2006 under the Companies Act, 1956, as a Private Company limited by shares with the Registrar of Companies, Maharashtra, Pune. Its Corporate Identity Number (CIN) is U72900PN2006PTC128617. Its registered office is at S. No. 129, Off. No.1 & 2, First Floor, Ankur Plaza, Mumbai-Bangalore Highway, Nr. Flyover Bridge, Warje, Pune 411058. Therefore, this Bench has jurisdiction to deal with the present petition. 3. The present petition was filed before this Adjudicating Authority on the ground that the Corporate Debtor failed to make payment of a sum of Rs. 11,00,000/-(Rupees Eleven Lakh only) as principal amount as per Agree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional Creditor subject to the Corporate Debtor performing their obligation of supplying, installing, testing and commissioning ghee manufacturing plant for satisfaction of Operational Creditor. 7. The Operational Creditor submitted that the revised purchase order dated 30.05.2018 was issued by the Operational Creditor revising the project cost to Rs. 25,37,400/- (Annexure 'D' to the petition at pp.21-26) and same was accepted unconditionally by the Corporate Debtor vide email dated 31.05.2018 (Annexure 'E' to the petition at p.27). 8. The Operational Creditor further stated that the email dated 26.06.2018 (Annexure 'F' to the petition at p.28) was received and on the same day replied by Operational Creditor statin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled. There is no representation from the Corporate Debtor side. Therefore, it is held that the Corporate Debtor does not dispute its liability and has defaulted in the payment to the operational creditor. 15. In Tata Chemicals Ltd. v. Raj Process Equipments & systems (P.) Ltd. [2019] 103 taxmann.com 263 (NCLT - (Mum.) this bench had held that refund of advance money is not in connection with goods or services. The service was to be rendered not by the Operational Creditor but the Corporate Debtor. 16. Similar is the view held by the NCLT, Kolkata in SHRM Biotechnologies (P.) Ltd. v. VAB Commercial (P.) Ltd. [CP (IB) No.799/KB/2018) dated 11,10,2018]. 17. In the present case also, the claim relates to non-payment of advance money and hen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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