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TMI Blog2019 (1) TMI 1907X X X X Extracts X X X X X X X X Extracts X X X X ..... nated partner or key managerial personnel of the corporate debtor. The instant petition was filed on 15.05.2018 i.e. much after the expiry of 10 days period as required under Section 9 of the Code. The learned counsel for the petitioner referred to the affidavit of the proprietor of the operational creditor in which it is stated that no dispute of unpaid operational debt has been received from the corporate debtor in order to comply with the requirement of Section 9(3)(b) of the Code - The petitioner has also filed the bank statement issued by Axis Bank where the petitioner is maintaining account and the credits were being received from the corporate debtor, though certificate in terms of Section 9(3)(c) of the Code has not been filed bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;40,20,32,000/-. The registered office of the respondent-corporate debtor is situated at Faridabad in the State of Haryana and therefore, the matter falls within the territorial jurisdiction of this Tribunal. 3. The facts of the case, briefly stated, are that the petitioner rendered the finishing services and wood work on the sample flats of the respondent-corporate debtor in accordance with Work Order dated 16.10.2015 (Annexure-I). The work was completed as per the satisfaction of the respondent-corporate debtor and the operational creditor raised invoice dated 09.02.2016 (Annexure-II) which was duly acknowledged by the respondent. The corporate debtor failed to make the payment of the amount of invoice and the outstanding amount of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r made part payment of ₹60,000/- in the accounts of the petitioner through RTGS and the documents relating to the proof of payment of ₹ 56,000/- on 05.02.2018 is statement of account of the petitioner issued by the Axis Bank. The learned counsel for the petitioner submits that rest of the amount of ₹4,000/- was towards the Works Contract Tax for which the liability was of the respondent but the same was paid by the petitioner. 8. So in the Memorandum of Settlement, basically the outstanding amount was ₹2,08,560/-. The learned counsel also referred to clause 7 of the Memorandum of Settlement which says that the second party, namely, the respondent-corporate debtor shall pay the liabilities arising on account of Wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... modes of service. Sub-rule (2) of Rule 5 of the Rules reads as under:- (2) The demand notice or the copy of the invoice demanding payment referred to in sub-section (2) of Section 8 of the Code, may be delivered to the corporate debtor, a) at the registered office by hand, registered post or speed post with acknowledgement due; or b) by electronic mail service to a whole time director or designated partner or key managerial personnel, if any, of the corporate debtor. From the aforesaid provisions, it is apparent that the notice could either be sent by hand, registered post or speed post or by electronic mail service to a whole time director or designated partner or key managerial personnel of the corporate debtor. 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the statement of accounts filed by the petitioner would be sufficient. 15. The petitioner has also proposed the name of Mr. Sandeep Chandna, Resolution Professional to be appointed as the Interim Resolution Professional in case the petition is admitted. Mr. Sandeep Chandna, Resolution Professional has filed written communication dated 14.05.2018 in Form-2 as at page-79 of the paper book furnishing all the requisite information. He has certified that he is not currently serving as Interim Resolution Professional/ Resolution Professional/ liquidator in any proceedings under the Code and that no disciplinary proceedings are pending against him with the Board or the ICSI Insolvency Professional Agency. We have perused Form-2 and find the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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