TaxTMI 
TaxTMI 
2019 (5) TMI 1300
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....bing, Carpentry, Designing, Supervision and Miscellaneous Work, etc.' at the Goregaon Office of the Corporate Debtor. Further submitted that the Corporate Debtor had never raised any dispute about the work undertaken. On completion of the work Operational Creditor raised Invoices/ Bills from time to time on the Corporate Debtor, as under:- Sl. No. Invoice No. Invoice Date Invoice Amount 1 14/2014-15 06/12/2014 4,00,343 2 10/2014-15 06/12/2014 12,04,861 3 09/2014-15 06/12/2014 68,855 4 13/2014-15 06/12/2014 19,88,901 5 11/2014-15 06/12/2014 7,00,000 6 12/2014-15 06/12/2014 29,20,606 Total invoice raised for the year 2014 (i.e. from Sr. no. 1 to 6) 72,83,566 7 Invoice raised for supply of material in the year 2015 15,83,240 Total 88,66,806 (-) Amount received against the Invoice issued 45,29,185 Balance amount due and payable 43,37,621 " 3. The Petitioner submitted that the amount received from the Corporate Debtor against the Invoices issued to them on 06th December 2014 ....
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....or retrenchment or otherwise and order accordingly. There will no jurisdictional change in the legal proceedings pending against the company on the date of this order. It is directed that if any dispute arises with the secured and unsecured creditors as regard amount as per the list of creditors, there will be no jurisdictional change, even after change in registered office. Copy of order be sent to all concerned, as per rule. SCHEDULE The Registered Office of the company shall be situated in the State of Gujarat. Signed and sealed on 30th day of January, 2017." unquote. 6. The Petitioner has sent several emails dated 26.03.2015; 02.04.2015; 22.06.2015; 25.08.2015; 24.09.2015, 24.11.2015; 28.12.2015, to the Corporate Debtor requesting to make payments. However, the payments were not made by the Corporate Debtor. Relevant portion of some of the emails are reproduced below:- Email dated 26.03.2015 "Dear Kamleshji, All these bills of material suppliers were checked & verified, it's been due since long, need to be paid off. Had followed it up in past with Hemant too, but nothing has been paid since long. You haven't send us your new requirement....
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....ntatives of the Respondent had in the year 2014 periodically brought it to the attention of the Applicant by way of personal discussions and contemporaneous emails that Applicant's work was 'defective' which was required to be rectified immediately. The Applicant was time and again made aware of the incurable and innumerable glaring deficiencies in the interior decoration work carried out by the Applicant. 8.2. The Respondent Debtor also placed on record copies of some of the emails dated 08.10.2014; 14.10.2014, 27.10.2014; 28.10.2014 purportedly sent by them to the Operational Creditor citing certain 'defects' in the work done by the Operational Creditor, as under :- Email dated 08.10.2014 :- "Dear Zubil, As we are using the cabins, it is becoming more evident that using the cabins in privacy is impossible. The voice travel between cabins is unacceptable. The partitions are not designed/executed correctly. Regards/ KNG" Email dated 14.10.2014 :- "Dear Apurva/Zubil, Kindly note that it is impossible to work in my cabin with voice travelling from my adjacent cabin. You will have to rectify this mistake at the....
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....etween the parties on the said issue and no such contentions have been raised in reply to the various emails sent to the Respondent. FINDINGS 11. Considering the totality of facts and circumstances of the case, although the Registered Office of the Corporate Debtor allowed to be changed from Mumbai to Gujarat in Order dated 30.01.2017 of the Registrar of Companies, Mumbai, the Order specifically mentioned that, quote, "(b) Further as regards dispute between the Company and M/s. APDAX Constructions, there will be no jurisdictional change for initiating any legal action, even after change in registered office of the Company." Accordingly, the impugned Petition deserves to be adjudicated in Mumbai. 11.1. From the facts and circumstances mentioned supra, at the outset it is worth to mention that since this is a Petition under Section 9, therefore, the element of pre-existence of "Dispute" has to be examined before Admission of the Petition. It is an ascertainable position, as is emerging from the evidences on record, that all the six Invoices against which payments of Rs.72,83,566/-(inclusive of Service Tax) are allegedly pending, were raised by the Operational Creditor on 06.....