2019 (12) TMI 1021

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....Act, 1956, bearing Identification Number U70200UP2010PTC099023. 3. The Corporate Debtor is involved in Real estate activities The Authorized Share Capital of Corporate Debtor company is Rs. 17,00,00,000/- (Rupee Seventeen Crore Only) and Paid-up Share Capital is Rs. 17,00,00,000/- (Rupee Seventeen Crore Only). 4. Brief facts of the case are as follows: (i) It is submitted that in the beginning of August 2018, father of financial creditor/operational creditor i.e. Sh. Vinod Goel met with Sh. Sanjeev Gupta and Sh. Dinesh Goel, who claimed themselves the Director of M/s Sunworld Residency Pvt. Ltd. persuaded the father of Financial creditor/Operational Creditor to purchase a flat in the project Sunworld Arista which is near comp....

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.... Five Thousand Only), the financial creditor/operational creditor paid an amount of Rs. 1,00,00,000/- directly to the account of Corporate Debtor by way of an RTGS on 29.08.2018. (v) Hence, stated that It is evident to point out that it was assured by the representative of the Corporate Debtor that all the required documents like allotment letter, builder buyer agreement etc. shall be issued to the financial creditor/operational creditor within one week from the date of transfer of the sale consideration but it was very strange and shock to financial creditor/operational creditor that despite accepting an amount of Rs. 1,00,00,000/- on account of sale consideration of the flat Bearing No. 1801, measuring 2275 Sq. Ft., Tower-4, at S....

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.... to Adjudicating Authority Rules, 2016) but in course of argument, he submitted that if case does not come under financial creditor then alternatively his prayer is under operational creditor. Further stated that this is the reason he has mentioned in the application as Financial creditor/Operational creditor and also stated about the sending of demand notice as per Section 8 of I & B Code, 2016. He further submitted since the applicant paid Rs. One Crore to the corporate debtor by way of RTGS on 29.08.2018 for the purchase of flat. Therefore, his case come under financial creditor and debt as financial debt. 6. In the light of the submission of the applicant, I have gone through the averment made in the application and form 1 submitted ....