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TMI Blog2021 (7) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... pany with Gammon Engineers and Contractors Private Limited as the transferee company was approved by this Tribunal under which all the assets and liabilities of the transferor company were taken over by the transferee company i.e. Corporate Debtor. Therefore, it is very clear from the above two documents that the Corporate Debtor being the transferee of Gammon India Limited cannot deny the unpaid bills of the Operational Creditor. Mere forwarding of the bills submitted by the Operational Creditor to Gammon Infrastructure Projects Limited by the Corporate Debtor does not absolve the Corporate Debtor from its liability. There was no dispute with regard to the debt and default in this case. The respondent has not sent any reply to the demand notice issued by the petitioner. This tribunal is of the considered opinion that the above company petition is liable to be admitted - Petition admitted - moratorium declared. - C. P. No. 2066/IBC/MB/2019 - - - Dated:- 9-7-2021 - Hon ble Shri H.V. Subba Rao, Member (Judicial) And Hon ble Shri Shyam Babu Gautam, Member (Technical) For the Applicant : Mr. Rishabh Dhanuka For the Respondent : Ms. Shwetha Venuturupalli ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Corporate Debtor. d. Between 05.02.2018 till 17.08.2018, the Operational Creditor had addressed various e-mails to the Corporate Debtor reminding it to repay the amount in default. However, the Corporate Debtor has failed to do so. e. Therefore, on 22.03.2019, the Operational Creditor had issued a Demand Notice upon the Corporate Debtor in accordance with the provisions of Section 8 of the Code. The said demand notice has not been responded to by the Corporate Debtor till the date of filing of the present petition. 4. The Corporate Debtor has on the contrary, denied all the averments and allegations raised by the Operational Creditor. The contentions of the Corporate Debtor are summed up as follows: a. The Corporate Debtor stated that in the present case, though the letter of intent dated 21.06.2016 was issued and the work order dated 27.06.2016 was issued in respect of job being design, supply of materials, installation, testing and commissioning of Highway Traffic Management System of Gorakhpur Bypass Project on NH-28 in the State of Uttar Pradesh. This was issued by Gammon India Limited ( GIL ) but in fact the actual work in respect of the said job was done ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whom an operational debt is owed. In order to fall under the category of operational creditor, firstly, the debt owed should be an operational debt and secondly, such operational debt should be owed to that person i.e. the liability of the corporate debtor to pay should arise pursuant to the operational debt. Here in present case from the above it is cleared that petitioner has rendered the services on instruction of GIPL and also requested GIPL to make the payment, and here has no where role of GIL as corporate debtor. A corporate debtor defined under section 3(8) of Insolvency and Bankruptcy Code, 2016 is the Corporate person who owes a debt to any person. Here it seems and understood from the documents annexed to the petition that respondent does not owe any amount and liability to the petitioner. g. For the reason set out, the respondent submits that the present petition under section 9 of the Act shall be dismissed against respondent in interest of justice. Findings 1. Heard both sides and perused the record. As mentioned above, the main contention of the Corporate Debtor in this case is that the original work order was issued by Gammon India Limited but the actual wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable to be admitted and accordingly the same is admitted by passing the following: ORDER a. The above Company Petition No. (IB) -2066(MB)/2019 is hereby allowed and initiation of Corporate Insolvency Resolution Process (CIRP) is ordered against M/s Gammon Engineers and Contractors Private Limited. b. Since the Operational Creditor has not suggested the name of any person to perform the duties of the Interim Resolution Professional (IRP) in the petition, this Bench is appointing the IRP from the list furnished by the Insolvency and Bankruptcy Board of India (IBBI). This Bench hereby appoints Mr. Vasudev Ganesh Nayak Udupi ([email protected]), Insolvency Professional, Registration No: IBBI/IPA-001/IP-P00019/2016-17/10043 as the interim resolution professional to carry out the functions as mentioned under the Insolvency Bankruptcy Code, 2016. c. The Operational Creditor shall deposit an amount of ₹ 2 Lakh towards the initial CIRP cost by way of a Demand Draft drawn in favour of the Interim Resolution Professional appointed herein, immediately upon communication of this Order. d. That this Bench hereby prohibits the institution of suits or continuation of pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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