TaxTMI 
TaxTMI 
2017 (7) TMI 781
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....s against the 'Corporate Debtor'-M/s. Mothers Pride Dairy India Private Limited (for brevity the 'Corporate Debtor'). 2. Brief facts of the case necessary for disposal of the controversy raised in this petition are that the Operational Creditor is a registered Company and is engaged in providing marketing and advertising services to its clients. Likewise, the Corporate Debtor is also a Company registered under the Companies Act, 1956. The Corporate Debtor in the year 2016 hired the Operational Creditor for providing marketing and advertising services for promotion of its Company. Accordingly, the parties entered into a contract dated 14.04.2016 and the Corporate Debtor availed the services for which invoices were raised b....
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.... Extra Sec. Broadcast During period 50,590.00 50,590.00 Radio Ch. No. 597175 Ch. Date : 07/08 9,50,000.00 (9,50,000.00) - Print Media PDC Ch. No. 597176 Ch. Date : 07/08 3,55,480.00 (3,55,480.00) - Print Media PDC Ch. No. 597178 Ch. Date : 09/08 9,90,000.00 (9,90,000.00) - Print Media PDC Ch. No. 597179 Ch. Date : 09/08 9,90,000.00 (9,90,000.00) - Print Media PDC Ch. No. 597180 Ch. Date : 09/08 9,90,000.00 (9,90,000.00) - Print Media PDC Ch. No. 597181 Ch. Date : 09/08 9,39,140.00 (9,39,140.00) - Print Media PDC Ch. No. 597182 Ch. Date : 17/08 9,50,000.00 (9,50,000.00) - Print Media PDC....
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....icant has asserted that it has engaged and entered into a contract with third parties so as to provide timely services to the Corporate Debtor and all such third parties have also been sending demand notices to the Operational Creditor. 3. After default had occurred, the Operational Creditor sent a demand notice under the provisions of the Code on 20.03.2017 for repayment of the outstanding amount. However, no reply was received even after expiry of 20 days from the Corporate Debtor. A copy of the notice has been placed on record (Annexure-1). The copies of the invoices have also been placed on record (Annexure- 2 colly). The copies of the ledger accounts from 01.04.2016 to 31.03.2017 have been placed on record too. A copy of the agreeme....
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....nd communicated that there was almost no advertisement, hoardings and boards anywhere and the locality of the Dehradun and Haldwani had complaints that the locations provided by them were not considered for bill boards, wall paintings etc. There were efforts made to remove the grievances raised by the Corporate Debtor. On entirely different aspect reference has been made to other mails. Those are the emails sent by third party like one Gautam Jhanjee to the Operational Creditor for recovery of the amount on 07.12.2016 and 09.12.2016. 7. After perusal of the emails we find that there is no dispute sufficiently raised with regard to quality of service. All that could be made out from the perusal of the emails is that some dispute with rega....
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....uits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (d) the recovery of any property by an owner or lessor where such property is occupied by or in the posses....