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TMI Blog2019 (9) TMI 1614X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the statutory auditor has also been placed on record. 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 - it can be inferred that there was no privity of contract between applicant and respondent. Further the corporate debtor has raised dispute of locus of the applicant. It is very essential to understand that the intent of the legislature is to be kept in mind that this CIRP can be triggered only where the prima facie debt is payable and default has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its registered office at 107, First Floor, Khasra No. 369-370, Centrum Mall, MG Road, Sultanpur, New Delhi-110030. 3. The Applicant submits that professional services were rendered to the corporate debtor in the matters pertaining to Companies Act and Delhi Stamp Act and in pursuance of that bills/tax invoices were raised by the applicant for the period from May, 2017 to January, 2018 upon corporate debtor, which remained outstanding and unpaid till date. 4. The Applicant states that an email dated 21.04.2018 was sent to one of the directors of the corporate debtor with a copy to the auditor of the corporate debtor for early release of the outstanding dues. The corporate debtor neither made the payment nor replied to the said letter. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her has never received any invoices which are allegedly raised by applicant. Hence the corporate debtor asserts that there is no privity of contract between the applicant and the corporate debtor. 8. The Corporate Debtor has asserted that an email dated 21.04.2018 was received by corporate debtor and they immediately contacted their statutory auditor to whom the copy was marked and only cc was sent to corporate debtor, which were received from the applicant for the first time. The corporate debtor contacted its statutory auditor on receipt of the above stated mail and statutory auditor informed that the issue is between applicant and statutory auditor and due to this misunderstanding, the applicant had wrongly sent the email to the direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing condonation of delay, if any, in filing annual returns and getting the amount of stamp duty for allotment of equity shares adjudicated. That in order to execute the above said assignment I had engaged the applicant herein to execute the above said assignment in my personal capacity as principal and invoices, if any, were required to be raised only after the professional fees was agreed between me and the applicant. That according to above arrangement, only the agreed fee for the above said assignment, was required to be charged by applicant and the respondent would have then, on my advice and recommendation processed and paid the said agreed charges. That the applicant raised direct bills on the respondent without discussing a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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