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TMI Blog2020 (9) TMI 798X X X X Extracts X X X X X X X X Extracts X X X X ..... ary proceedings as provided under the provisions of Code. In any case, professional fee to an experienced person like the Petitioner cannot be mere travelling expenses incurred. Though the instant Petition is not maintainable under the provisions of Code, it would be just and proper for the Respondent to consider the claim of Petitioner at least to pay for some advolreum amount by taking into consideration of principle of good Corporate governance, as the Petitioner is senior Citizen having rendered substantial service to the Company at crucial time. Even though the instant Petition is not maintainable, as per law, we are inclined to dispose the Petition by exercising inherent powers conferred on the Adjudicating Authority, Under Rule 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Creditor rendered professional services'' as requested by the Corporate Debtor'' by attending the Kerala State commercial Tax Departmental KVAT CST assessment proceedings for the period of five years i.e., 2009-2010, 2010-2011,2011-2012, 2012-2013, 2013-2014. Further these assessment proceedings was continued over a period eight years since the assessments were dragged on for want of records not produced by the Corporate Debtors to satisfy the Assessing Officer, and later the orders were passed, which were challenged in appeals with the Deputy Commissioner of Commercial Taxes against such orders passed by the concerned by assessing officers also remanded by DC Appeals to the departments, resulting assessments were carrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be paid is nothing but the day charges for attending the hearing in Calicut. The charges paid is nothing but two days charges, to travel all the way from Bangalore to Calicut for 12 hours and return 12 hours and charges were accepted with the clear cut understanding that the assessment charges will be given after completion of assessments. Having not settled the professional fee, the Operational Creditor issued a demand notice dated 07.11.2019 requesting for the payment for services rendered in matterof VAT/ CST assignment for Calicut, Kerala. The Corporate Debtor replied to the demand notice on 17.12.2020 denying all the averments made in the demand notice issued by the Operational Creditor. Hence the petition. 3. Heard Shri L. Pad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Company, and was being denied his Professional fees. 4) Therefore, he has urged the Tribunal to intervene in this matter by passing an order to the Company appropriately. He has full faith in the judicial system, he aged 73 years old and don't have much of time left to fight against the Company and don't intend to choose any legal avenue, which is time consuming and also his age is against that. 5. As stated by the Petitioner, that due to a raid taken place in Company's business premises at Calicut by the Intelligence Wing of Intelligence Department, the Respondent Company has engaged him to attend the proceedings, by availing his Professional services, which was accepted in his good faith on an oral instruction and he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded is legally due and payable and contended that they have made all the payments towards the services rendered along with reimbursement for expenses incurred in providing the services. And they have also made payments towards the professional charges for the services of Lawyers and Consultants appointed for assignment of VAT/CST, Calicut, Kerala. (2) It is stated that they have already given their Reply letter dated 4th November, 2019, to Petitioner by stating that no amount as mentioned in your Invoice was due and payable. They have substantiated their claims in the Reply letter by furnishing the complete ledger statement from 2014 till 2019 amounting to ₹ 4,62,464/- for the engagement of his services up until 31.10.2019. A stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed substantial service to the Company at crucial time. 9. For the aforesaid reasons and circumstances of case, even though the instant Petition is not maintainable, as per law, we are inclined to dispose the Petition by exercising inherent powers conferred on the Adjudicating Authority, Under Rule 11 of NCLT Rules, 2016, in the interest of justice, with directions as mentioned below. 10. In the result, C.P. (IB) No. 128/BB/2020, is hereby disposed of by directing the Respondent/Corporate Debtor, to sympathetically consider the case of Petitioner to pay at least reasonable amount for his service rendered within a period of four weeks from the date of receipt of copy of this Order, and communicate its decision to the Petitioner. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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