TaxTMI 
TaxTMI 
2017 (12) TMI 1141
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....fter called as "Crystal") on the ground that Crystal failed to repay Rs. 9,88,766 together with interest at the rate of 18% per annum from 1.4.2016 till 11.7.2017, which was payable by Crystal to entities namely Marol Co-operative Industrial Estate, Municipal Corporation of Greater Mumbai towards assessment Bill and water Bill and Tata Power towards Bill dated 5.9.2015, because the petitioner paid these dues payable by Crystal, hence this petition for admission for initiation of corporate insolvency resolution process against Crystal. 2. The case of the Petitioner herein is Crystal assigned leasehold rights to the petitioner of the land bearing Compartment No. 87 Plot No. 14 at Marol Co-operative Industrial Estate, admeasuring 6600 sq. ft ....
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.... paid to MCGM towards Water Bill dated 26.9.2015 and (d) Rs. 3,61,150 paid to Tata Power towards Bill dated 5.9.2015. 3. The Counsel of the petitioner has further clarified it addressed letters to Crystal asking it to make all the payments as agreed by the Corporate Debtor and when Crystal failed to make such payment as agreed by it, to protect its enjoyments rights, the Petitioner herein having made all those payments to the respective entities, the petitioner on 31.3.2016 demanded Crystal to make payment of aggregated amount of Rs. 9,88,716 with interest calculated at the rate of 18% p.a. When Crystal defaulted repaying the petitioner the dues the petitioner paid on behalf of Crystal to the entities even after statutory notice under se....
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.... to fall under third category, claim shall be made by either Governmental authority or local authority. Admittedly Marol Co-operative Industrial Estate and Tata Power do not fall within the category of Government or local authority, so the dues payable to them will not fall under third category. Yes, the dues payable to Municipal Corporation of Greater Mumbai will fall within third category, but the petitioner having claimed dues mixing two different categories of debts as one debt, the claim made here cannot be construed as claim solely payable to either Government or local authority. 9. Assuming this total debt would fall under third category, the point to be decided is as to whether this petitioner can claim these dues as payable to the....