TaxTMI 
TaxTMI 
2018 (2) TMI 1164
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....ational Creditor' and the respondent is a 'Corporate Debtor'. The identification number of the petitioner is U63040MH2004PTC145086 and it is based at Mumbai. 2. The Corporate Debtor 'Getit Grocery Private Limited' has been incorporated on 16.04.2015. Its identification number is U51224DL2015PTC279116, Its authorized share capital is 1,00,000/- and paid up share capital is Rs. 1,00,000/- and it is based at 1205, 12th Floor, New Delhi House, 27, Barakhamba Road, New Delhi-110001. 3. The case of the 'Operational Creditor' is that Corporate Debtor approached the 'Operational Creditor' for providing manpower outsourcing services through its associates for their business of providing online services related to grocery items. A staffing serv....
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....benefit, gratuity leave, salary, bonus and all periodic labour welfare payments as per applicable laws, including other incidental expenses. 5. It is further averred by the Operational Creditor that in light of the agreement the Corporate Debtor undertook to make payment to the Operational Creditor immediately upon receipt of the invoice. It is stated that it has at all times honoured and acted in compliance with the terms of the agreement by providing best services to the Corporate Debtor. It has carried the burden of making regular payments/salaries every month to the manpower engaged on behalf of Corporate Debtor across India though such payments was to be made by the Corporate Debtor. The Corporate Debtor failed to reimburse the amou....
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....erve at the e-mail address of the Corporate Debtor reflected in its master data available at the website by MCA as well as through post. It was found that the Corporate Debtor had been deliberately avoiding to accept notice and did not choose to come before this Tribunal. Then on the request of the Operational Creditor an order for substituted service was passed on 12.09.2017 allowing it to adopt the procedure as laid down under Rule 38 of the NCLT Rules, 2016 r/w Order V Rule 20 CPC. Thereafter in compliance of aforesaid order, publication in two newspapers was carried but this also resulted in vain and afterwards vide order dated 25.10.2017 of this Tribunal respondent were proceeded ex-partee. 10. We have heard learned counsel for the ....
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....im in respect of the provision of 'goods' or 'services' including employment etc. A perusal of the invoices issued by the Operational Creditor in the name of Corporate Debtor unfolds that Operational Creditor has rendered the services for manpower supplies in different locations so suggested by the Corporate Debtor. Therefore, Operational Creditor fulfils and is covered by the aforesaid provisions. 11. It is also evident that Corporate Debtor has committed default and the amount of Rs. 3,96,16,509/- has remained unpaid since July, 2016. In the intervening period the Operational Creditor has written various e-mails to the Corporate Debtor which prove execution of the work. The e-mails also show raising and approval of invoices. By way of ....
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....me and then to appoint such Interim Resolution Professional by Adjudicating Authority. Accordingly, we appoint Mr. Navneet Kumar Gupta, email id [email protected] (Mobile No. 9711470807) as an Interim Resolution Professional. His registration number is IBBI/IPA-001/IP-P00001/2016-17/ 10009. The aforesaid Interim Resolution Professional has no disciplinary proceeding pending against him nor anything else has been pointed out with regard to his antecedents. The Interim Resolution Professional has filed necessary declaration in accordance with the IBBI Regulations and the provisions of the Code. 15. In pursuance of Section 13 (2) of IBC we direct that public announcement shall be immediately made by the Interim Resolution Professional....