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TMI Blog2021 (12) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... with the Corporate Debtor. This e-mail contains the claim of Appellant that he was engaged to provide services by the Statutory Auditor of Corporate Debtor Mr. Arun Kishore, and on such a request he agreed to provide requisite services to the Corporate Debtor. He has further explained in this email the work carried out by him for the Corporate Debtor and also mentioned raising of four invoices amounting to ₹ 1,81,000/- to the Corporate Debtor on account of services rendered by him. On juxtaposing the definition of Operational Creditor and Operational Debt as included in IBC with the work relationship as is evidenced in the e-mail dated 21.4.2018 sent by the Appellant to the Respondent and the affidavit of Arun Kishore (supra), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or) and, therefore, their relationship as Operational Creditor and Corporate Debtor is not established as is required under Section 9 of IBC. 2. The Appellant has stated and argued that he was engaged by the Corporate Debtor through its Statutory Auditor for rendering professional services with regard to matters pertaining to the Companies Act, 2013 and conversion of financials into Extensible Business Reporting Language (XRBL) and Delhi Stamp Act and had raised four bills/tax invoices to the Corporate Debtor for the professional services so rendered from 11.5.2017 to 5.1.2018 amounting to total ₹ 1,81,000/-(Rupees One Lakh and Eighty One Thousand Only). These invoices were not paid by the Corporate Debtor and therefore, he served ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (attached at pp.68-71 of Appeal Paperbook). As a proof of providing services to the Corporate Debtor, the Learned Counsel for Appellant has shown letter dated 15.5.2017 of the Corporate Debtor addressed to the Chief Controlling Revenue Authority, Delhi and letter dated 23.7.2017 addressed to Secretary, Ministry of Corporate Affairs (attached at pp.72-73 and 76-77 respectively in the Appeal Paperbook) to show that he was authorized by Arjun Rishi, Director of the Corporate Debtor to appear before concerned authorities on behalf of the Company in related matters for providing explanation etc. The Learned Counsel for Appellant has also referred to the affidavit of Arun Kishore, partner of Arun Kishore and Company, Chartered Accountant, who is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. Hence, in view of the aforesaid facts and on hearing the Learned Counsels of both the sides and on perusal of the record, a conclusion can be drawn that the statements of the applicant is self-contradictory as in the application by the applicant it has been averred that the applicant was engaged by statutory auditor whereas in the affidavit, the applicant has claimed to render the services upon the request of corporate debtor. Further, the statutory auditor on affidavit has admitted that the applicant was personally engaged by statutory auditor and was never engaged directly by the corporate debtor. Therefore, it can be inferred that there was no privity of contract between applicant and respondent. Further the corporate debtor has di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 3(8) corporate debtor means a corporate person who owes a debt to any person. Section 3(11) debt means a liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational debt. Section 5(20) operational creditor means a person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred. Section 5(21) operational debt means a claim in respect of the provision of goods or services including employment or a debt in respect of the payment of dues arising under any law for the time being in force and payable to the Central Government, any State Government or any local authority. 9. A reading of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishore Company, Chartered Account, who are statutory auditor of One World Realtech Private Limited (Corporate Debtor) dated 22.01.2019 (pp.88-89 Appeal paperbook) mentions in, para 2 that Mr. Arun Kishore was assigned the work of filing of annual record with Registrar of Companies, EBRL form of Annual Accounts, filing application with RoC seeking condonation of delay, if any, in filing annual returns and getting the amount of stamp duty for allotment of equity shares adjudicated by the Corporate Debtor. In the affidavit (supra), Mr. Arun Kishore further states in para 3 that in order to execute the above said assignment I had engaged in the Applicant herein to execute the above said assignment in my personal capacity as principal and inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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