TaxTMI 
TaxTMI 
2019 (1) TMI 1704
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....d on 27.01.2012. 4. As per the averments made in the petition, the Corporate Debtor, through its Subsidiary launched its Residential Project by the name of "Micheal Schumacher World Tomer" on May-June 2012. 4.1 The applicant has further contended that he formally filled up application form for provisional allotment for a Residential Unit (Flat) in the said Project of the Corporate Debtor wherein the receipt of the above-mentioned amount was mentioned as application fee for provisional allotment on 17.08.2012. 4.2 Thc applicant has submitted that he handed over Cheque bearing No. 262829 dated 27.06.2012 for Rs. 40,00,000/- drawn on YES Bank to the officials of Corporate Debtor. 4.3 It is also the case of the applicant that the Corporate Debtor, through its Subsidiary issued receipt bearing no. 000015 dated 23.08.2012 acknowledging the receipt of payment of above-mentioned amount of Rs. 40.00,000/-on 23.08.2012. Further the Corporate Debtor issued Demand Letter demanding a further sum of Rs. 59,00,000/-on 27.08.2012. 4.4 The applicant has also submitted that in compliance of the said Demand Letter, the financial creditor handed over a cheque bearing no. 251 765 dated 1....
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.... the amount of Rs. 4,26,53,144/-, is also entitled to receive an amount of Rs. 29,40,480/-(calculated till June 2018. as per clause 14 of the Flat Buyer's Agreement). As such the total amount receivable by the applicant from the Corporate Debtor is Rs. 4,55,93,624/- till the month of June 2018 and the applicant is further entitled to an amount of Rs. 1,83,780/- for each month on and from July, 2018 till the handing over of possession of the Unit or till the receipt of his due amounts. 4.9 The Petition has been filed in the required format through the duly authorised signatory and the name of Mr. Jitesh Gupta, whose Registration No. with the IBB1 is IBBI/IPA-002/IP- N00144/2017-2018/10380 has been proposed as the IRP. His letter of consent along with the Certificate of eligibility in the required format is on record. 5. Respondent has filed its reply on 17.09.2018 and raised various objections against the present application. It is submitted that the Application filed by the financial creditor is not maintainable because there is no privity of contract between the financial creditor and the corporate debtor, no agreement was ever executed between them, no demand was ever m....
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....payment schedule, stage of construction etc. Some of those mails are reproduced below: i. To: [email protected] dale: 10.02.2014. : THANKYOU FOR MAKING IT A SUCCESS. ii. Tanya Bector <[email protected] To: [email protected] Date: 15.05.2014 Dear Mr. Vadehra Greetings. Thank you for your continued patronage. This is with reference to the unit you have booked in our Project Michael Schumacher Worls Tower in Sector-109, Gurgaon. Haryana. We are glad to share with you that we are processing as per our schedule for ground floor slab completion. As per the payment schedule we would like to inform you that the fourth instalment is henceforth due. Please find the demand letter attached for your reference. Please feel free to contract us for further assistance. Thanks & Regards Homestead. iii. RE: Confirmation of Arrear Charges by in your Bill Date: 19.05.2014 Tanya Bector < [email protected]> To: ''soft.asms "[email protected] Dear Sir, Greetings, ....
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.... 4200000 500000 500000 30000 1300000 Net Price is Inclusive of EDC/IDC. Car Parking, IFMS Net Price is exclusive of Club Charges. PLC & PBIC Service Tax & other government taxes as applicable All cheques will be in favour of "Homestead Infrastructure Development Pvt Ltd'. vi. Homestead Presents Most Awaited "City of Homestead" Sharadvohra <[email protected]> To: Tanya Bector <[email protected]> I am sure you are not constructing this in thin air. Please share the location of the project and the clearances that you obtained for the same as of dale. With best wishes, Sharad vadehra On Aug 5, 2014 at 3:19 PM, Tanya Bector <[email protected]> wrote: Dear all PFA the details of the upcoming project "City of Homestead". Price Starts from Rs. 13 lac Onwards. Construction linked Plan Plan Type Area in Sqf't. Net price of each unit in Booking amount Within 30 days of booking Within 45 days of booking Total payment within 45 dayday All further instalments linked with construct....
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....te Limited. This mail is reproduced below: Tanya Bcctor <[email protected]> To: Sharad Vadehra [email protected] Dear Mr. Vadehra Greetings for the day. Please find below the RTGS details of Golden Peacock: Golden Peacock Residence Private Limited A/C No. 912020031148652 IFSC Code: UT1B0000056 Swift Code: AXISINBB056 Bank : Axis Bank. Please intimate us with the status as to coordinate with the bank. Ward regards. Tanya Bector. 7.4 The letter head on which the mail was written is also of the Corporate Debtor i.e. Homestead Infrastructure Development Pvt Ltd .Thus, it is evident that there was privity of contract between the Financial Creditor and the Corporate Debtor. Also, there is no direct communication between the Financial Creditor and M/S Golden peacock Residence Private Limited. Hence the plea that the Homestead Infrastructure Development Pvt Ltd is not the Corporate Debtor is not correct. 8. In the light of the above discussions, there is clearly a default of repayment of financial debt by the Corporate Debtor. As per Section 2(11) ....