TaxTMI 
TaxTMI 
2017 (11) TMI 486
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....This appeal has been preferred by the Appellant-M/s SmartCity (Kochi) Infrastructure Pvt. Ltd. ('Corporate Debtor') challenging the order dated 9th June, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai in CP/484 (IB)/CB/2017. 2. By the impugned order, the Adjudicating Authority entertained the application under section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "I&B Code") preferred by Respondent- M/s. Synergy Property Development Services Pvt. Ltd. ('Operational Creditor') admitted the application, appointed the Interim Resolution Professional and ordered for Moratorium with further directions in terms of 'I&B Code'. 3. The appellant has challenged the i....
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.... (b) by electronic mail service to a whole time director or designated partner or key managerial personnel, if any, of the corporate debtor. (3) A copy of demand notice or invoice demanding payment served under this rule by an operational creditor shall also be filed with an information utility, if any." 6. From the said so-called notice dated 20th April, 2017, we also find that it has not been issued by the 'Operational Creditor' but by a Law Firm- 'JUSTLAW'. 7. In reply to the said notice, the appellant by its reply dated 18th May, 2017 requested the 'Operational Creditor' to follow the procedures as per agreement by appointing nominee arbitrator without prejudice to the right of the appellant. 8. Another notice seems t....
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....eceipt of letter failing which the 'Operational Creditor' will initiate a Corporate Insolvency Process in respect of 'Corporate Debtor', as apparent from last paragraph no. 6 of notice contained in Form - 3, and quoted above. Only if such notice in Form-3 is served, the 'Corporate Debtor' will understand the serious consequences of non-payment of 'Operational Debt', otherwise like any normal pleader notice/Advocate notice, like notice under Section 80 of C.P.C. or for proceeding under Section 433 of the Companies Act 1956, the 'Corporate Debtor' may decide to contest the suit/case if filed, distinct Corporate Resolution Process, where such claim otherwise cannot be contested, except where there is an existence of dispute, prior to ....
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.... 13. From bare perusal of the record, it is clear that on 12th November, 2016, one Mr. Govindan Kutty M on behalf of the Appellant- 'Corporate Debtor' intimated the Respondent-'Operational Creditor' that the Respondent discontinued the service and abandoned the work. The relevant portion of the letter reads as follows:- "Synergy Property Development Services Pvt. Ltd. Easwaravilasom Road Vazhuthacaud, Trivandrum Kerala - 695 014 Attn.: Mr. Liju Eapen - Associate Director Dear Mr. Liju Eapen We refer to the mail from Mr. Govindan Kutty M dated 4th November, 2016 with copy to you on discontinuation of PMC services on alleged nonpayment of dues and wish to bring to your attention....
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....th respect to design management and coordination of work under your scope. There are many instances of lack or poor coordination a few of which is pointed out here. i) Water cascading - The work was being executed without coordinated shop drawings approved by the Consultant or any coordination during work stage. ii) Sliding doors provided by the Contractor in the reception lobbies. The installed units do not match with the BOQ or specification. Therefore, we request you to take necessary immediate action for completing your scope of work in an orderly fashion as envisaged in the contact. Yours faithfully. For SmartCity (Kochi) Infrastructure Pvt. Ltd. Sd/- Kurian Kurjan ....