9911796707
TMI Blog2021 (5) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... cant regarding maintainability of the present application. The applicants however could not prove with documentary evidence as to how they are entitled to file present application as operational creditors of the corporate debtor when they have not supplied any goods or provide any service to corporate debtor in their personal capacity. It is seen that the company is not in existence. Section 250 of the Company Act, 2013 provides for the realization of the amount but this is not a recovery proceeding therefore the provision of the section 250 is not applicable on the application filed under Section 9 of the Code. The applicants are not the creditors of the corporate debtor and therefore they are not entitled to file the present applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 440/- with DA/RP/cell north MCD. Copy of the Allotment Letter placed on record. The details of transactions leading to the filing of this petition as averred by the petitioner are as follows: a. That the applicants complained to North MCD and the Section Officer/RP Cell North DMC sent a letter to the respondent on 25.01.2017 thereby requesting its administrative to attend the meeting on 31.01.2017 to resolve the issue but none came from the respondent. Further North DMC sent another letter with copies to the director enforcement cell and the SHO, PS Keshav Puram to inspect the parking site and lodge FIR against the encroachers inside the parking area. b. It is submitted that the outstanding amount for the parking charges as per inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tainable as company exist for the purpose of realisation of debt. f. The operational creditor sent a Demand Notice dated 10.01.2020 demanding payment of an unpaid operational debt as per provisions under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 via Speed Post. Copy of the Demand Notice dated 10.01.2020 demanding payment in prescribed Form 3 under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 duly served upon the address as per the website of Ministry of Corporate Affairs, Government of India, where the operational creditor supplied services to the Corporate Debtor which was replied to. 4. The Corporate Debtor in its reply to the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id operational debt as alleged in the demand notice, via Speed Post and DTDC Courier. The Applicants have not only concealed before this Tribunal the fact that a notice of dispute was served upon the Applicants but also have filed an incomplete copy of the said notice of dispute which has been filed along with the Application under the pretext of a reply received from the Respondent. d. Further it is pertinent to mention that the Applicants have further concealed from the Tribunal that prior to sending said demand notice dated 10.01.2020 and prior to filing of the aforesaid previous application, as a prerequisite for the filing the said previous application, the aforesaid company had sent a demand notice dated 03.08.2019 to the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Copy of the said demand notice dated 03.08.2019 and the notice of dispute dated 14.08.2019 have been filed. 5. It is the case of the respondent that there is self-admission of the Applicants that the Applicants are the erstwhile directors/shareholders of the aforesaid company which has ceased to exist w.e.f 08.08.2018 and the said company has not been revived and no steps have been taken by the Applicants for restoration of the said company with the Registrar of the Companies. Further the applicant in its rejoinder had submitted that the as per Section 250 of the Companies Act, 2013 the incorporation of the company cannot be deemed to have been cancelled for the purpose of realizing the amount due to the company. It is claimed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed to operate and could not do business. Therefore, the said invoices were false and fabricated as well. 9. It is seen that the company is not in existence. Section 250 of the Company Act, 2013 provides for the realization of the amount but this is not a recovery proceeding therefore the provision of the section 250 is not applicable on the application filed under Section 9 of the Code. The applicants are not the creditors of the corporate debtor and therefore they are not entitled to file the present application. That apart the claim has been disputed by respondent even before filing of present application. 10. For the reasons stated above this petition fails and the same is rejected. 11. We make it clear that any observations ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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