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TMI Blog2020 (10) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... btor before the issuance of demand notice and therefore there is no crystallization of debt due and payable by the Corporate Debtor in the absence of any agreed terms - Petition dismissed. - C. P. No. 283/I&BP/2019 - - - Dated:- 17-6-2020 - Suchitra Kanuparthi, Member (J) And V. Nallasenapathy, Member (T) For the Appellant : Pritesh Burad i/b PBA Advocates For the Respondent : Seetalaxmi Swamy, Advocate ORDER Suchitra Kanuparthi, Member (J) 1. This company Petition is filed by Lahs Green India Pvt. Ltd. (hereinafter called Petitioner ) seeking to set in motion the Corporate Insolvency Resolution Process (CIRP) against Chemtrols Solar Pvt. Ltd. (hereinafter called Corporate Debtor ) alleging that Corporate Debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demanding a full and final settlement for the total fees which was denied by the Petitioner. 5. After several reminders made by the Petitioner to the Corporate Debtor, the Corporate Debtor failed to pay the outstanding dues. The Petitioner issued 2 Demand Notices on 08.08.2017 and 06.09.2018 demanding a sum of ₹ 21,00,477/-including interest @18% p.a. and ₹ 24,96,636/- including interest @18% p.a. respectively under Section 8 of the Code. 6. On 06.09.2018 and 14.09.2018, the Corporate Debtor replied to the demand notices denying the liability. The Corporate Debtor also filed a reply to the petition raising following contentions; i. The claim of the Petitioner is admittedly for 'referral fees' for allegedly refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear to the Petitioner that the said cheque would be handed over only upon an unconditional acceptance of the amount by the Petitioner and on a condition that there would be no further claim or dispute. However, the Petitioner chose not to receive the said cheque and continued the dispute with the Corporate Debtor. vi. In spite of the offer made by the Corporate Debtor to pay the 'referral fees' though there was no contract for the same, the Petitioner continued to raise further claims against the Corporate Debtor and finally also issued a demand notices to the Corporate Debtor. 7. Since it is clear that right from the inception i.e. in the year 2015 as well as after receipt of the two demand notices, the Corporate Debtor ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greed to share the difference of earlier agreed 92/Wp price ₹ 112/Wp price from UIL @50/50. This amount of ₹ 4 Lakh can be released as project referral fee, within 7 days from receipt of 100% payment from UIL. Meanwhile, please submit your debit note for this amount for our accounting purpose. Sharad Saxena CEO b. Email dated 28.12.2015 sent by the Corporate Debtor to the Petitioner; Dear Mr. Saj, There seems to be some miscommunication from your team members to you. The debit note issued was earlier process by me internally to ensure your timely payment once we receive our payment from UIL. However I received a call from Mr. Amit Lolekar to cancel the same sighting delay in payment service tax obl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mission on the case closed so far which are referred by us. As discussed in our meeting, soon I will send you few communications that we had in regards to the said case. Kindly look in to this and do the needful. Regards, Sai Khanolkar 8. On going through the pleading and after hearing the Counsels for the Petitioner and the Corporate Debtor, this Bench is of the view that 'referral fee' though not agreed to be paid under any agreement between the parties, was being considered to be paid and several disputes have been raised by the Corporate Debtor before the issuance of section 8 demand notice vide above said emails. 9. In view of the judgment of the Hon'ble Supreme Court in the case of Mobilox Innovations Pvt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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