9911796707
TMI Blog2021 (2) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of M/S. Expat Educational Institute on the ground that it has committed default for total amount of Rs. 22,69,778/- which includes principal amount and interest@ 24% p.a. 2. Brief facts of the case, as mentioned in the Company Petition, which are relevant to the issue in question, are as follows: (1) M/S. SMS Integrated Facility Services Private Limited (hereinafter referred as Petitioner/ Operational Creditor), having CIN: U74999MH2000PTC125538 and having registered office situated at House, 41/13, Sector 30, Near Sanpada Railway Station, Vashi, Navi Mumbai - 400 703. The Company is engaged in the business of providing housekeeping services to various Corporate across India. (2) M/S. Expat Educational Institute (hereinafter re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ured that the Corporate Debtor shall make payments towards the dues on monthly instalment basis since the Corporate Debtor was going through a financial crisis. In spite of the assurances made by the Director of the Corporate Debtor, the Corporate Debtor has partly settled the dues till February, 2017. (4) The Operational Creditor then issued a Demand Notice in Form 3 on 12.06.2019. However, there has been no reply to the said notice and therefore, deemed admission of debt by the Corporate Debtor. Therefore, the Corporate Debtor is unable to pay its dues to the Operational Creditor. And till date, the Corporate Debtor has not raised any dispute with regards to the services rendered by the Operational Creditor. Therefore, CIRP is to be ini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he conduct of the Corporate Debtor in terms of business, the Petitioner was able to track down a newspaper article published by DNA on their website which gave an insight to the departure of Ecole Hoteliere at Lavasa and specified the lack of working commitment from the overall Expat-Group, of which the Corporate Debtor was an integral part in relation to the education and hotel services. The article clearly specified the lack of contractual payments from the Operator Expat and Corporate Debtor towards the lease of the institute building, usage of the hostel, essential utilities, maintenance charges, etc. Therefore, the MCA site evidently stating the Corporate Debtor Company status as Active, the Corporate Debtor has failed to update any de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h it carries interest @ 24% Demand filed the payment p.a, the Petitioner has not initiated any legal proceedings prior to the instant Proceedings and the Petitioner has not explained the reasons for not initiating proceedings earlier. 7. As stated supra, as per the MCA website, the Corporate Debtor Active compliance was Active Non-Compliance. Since the year of 2016, the Corporate Debtor has failed to file its statutory returns. However, it is not known whether the Company is on active rolls of the ROC or not. If the Company failed to comply with statutory compliances, the ROC can take appropriate action to strike off it. And while striking off the Company, ROC can take into consideration of interest of Petitioner herein, in terms of extant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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