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TMI Blog2020 (9) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... ered as Operational Debt. Therefore, there are no hesitation in holding that the above amounts claimed by the Operational Creditor does not fall within the definition of Operational Debt and the petitioner cannot be termed as Operational Creditor . Time Limitation - HELD THAT:- The company petition is filed on 12.03.2018. All the claims prior to 12.03.2015 are barred by limitation, since we are dismissing the above Company Petition on the very nature of the claim and the locus of the applicant, we are not dealing with each and every contention raised by the respondents. The Company Petition is not maintainable before this Tribunal and is liable to be dismissed - petition dismissed. - C.P. (IB) 388/2018 - - - Dated:- 21-9-2020 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 35,52,022/-, which included rent, municipal assessment bills, electricity bill, water bill. 3. The Business Conducting Agreement and the two Supplemental Agreements are signed by all the Directors of both the Petitioner and the Corporate Debtor. The Business Conducting Agreement and the two Supplemental Agreements expired with efflux of time on 30.09.2017. 4. Post expiry of the said Agreemenated 01.10.2017, called upon the Corporate Debtor to pay the aforesaid outstanding of ₹ 35,52,022/-. However, nts, the Operational Creditor has raised the issue of outstanding debt repeatedly with the Corporate Debtor. The Petitioner by their letter do payment was made by the Corporate Debtor. Thereafter, two more reminder letters were sen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e acknowledged that the conducting fees and water bills for the months of August and September 2017 were not paid and electricity bill for September 2017 was not paid. The reply also accepts that the property tax 01.06.2010 to 30.09.2017 is also due and payable. In his reply therefore, the Vaziranis have candidly acknowledged a debt due payable to the Petitioner. Contentions raised by Mrs. Leonys Pereira Mr. Craig Pereira (Director 3 4 of Corporate Debtor): 9. A Miscellaneous Application was filed by the aforementioned two directors (hereinafter The Pereira s) challenged, not only the Company Petition but also the abovementioned reply filed by The Vazirani s. This Tribunal is treating the Miscellaneous Application No. 704 of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice of this Tribunal by the Pereira that; all the Directors of the Corporate Debtors have filed several Civil suits against each other before different courts. Therefore, there has been irreconcilable breakdown of trust between the directors of the Corporate Debtor. 13. It is pointed out that the Corporate Debtor has disputed the liability vide their reply dated 01.03.2018 in response to the purported Demand Notice dated 19.02.2018. It is contended by the Pereiras that regular payments were being made by the Corporate Debtor to the Petitioner on the basis of an internal arrangement between the Pereira family and the Curzai family recorded by the MoU dated 10.10.2006. It is stated that since the Business Conducting Agreement was un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 5(21) of the Code like goods, services, employment and Government dues. Admittedly, the claim of Operational Creditor relates to non-payment of Electricity Bills and Property Taxes payable by the Corporate Debtor to the Operational Creditor under business conducting agreement and does not relate to any goods or services provided by the Operational Creditor and therefore does not fall under the definition Operational Debt and obviously the petitioner cannot be termed as Operational Creditor . Had the above company petition been filed by Municipal Corporation which is a local authority claiming the taxes, the petition would be certainly maintainable before this tribunal. The Hon ble NCLAT vide its order dated 17.01.2020 in the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.04.2012 to 31.03.2013 20714 361282 1,70,284 01.04.2013 to 31.03.2014 20714 361282 1,70,284 01.04.2014 to 31.03.2015 20714 361282 1,70,284 01.04.2015 to 31.03.2016 20714 483272 2,31,279 01.04.2016 to 31.03.2017 20714 483270 2,31,278 01.04.2017 to 30.09.2017 10357 241635 1,15,639 Total ..... X X X X Extracts X X X X X X X X Extracts X X X X
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