TaxTMI 
TaxTMI 
2021 (5) TMI 425
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....s, 2016 (for brevity 'the Rules') with a prayer for initiation of Corporate Insolvency Resolution Process in respect of respondent company, claimed to be the corporate debtor. 2. The applicant Sh. Bhavya Prakash has filed the present application claiming as the operational creditor with the prayer for initiation of Corporate Insolvency Resolution Process under the provisions of the Code. 3. It is the case of the applicant that the erstwhile company Starline security services Private Limited in which the applicants were the directors shareholders were allotted the parking site at DD Motors Wazirpur depot civil lines zones at monthly license fee of Rs. 1,72,000/- plus TCS after deposit of the security deposit equivalent to three....
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....of the erstwhile company had been struck off from the Registrar of Company vide notice dated 08.08.2018. d. That on 07.01.2020 an application by the erstwhile company u/s. 12A of the code to withdraw the application with the permission to file a fresh petition application was allowed by this Tribunal. e. Further it is submitted as per section 250 of the companies act 2013 which provides that where a Company Act 2013 stand dissolved under section 248 it shall on and from the date mentioned in the notice under sub section 5 of that section cease to operate as a company and the certificate of incorporation issued to it shall be deemed to have been cancelled from such date except for the purpose of realising the amount due to ....
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....d and has ceased to operate as a company from the said date of the aforementioned notice. Copy of the said dissolution notice dated 08.08.2018 and Company Master Data from the website of Ministry of Corporate Affairs ('MCA') are annexed alongwith. b. That as per the self-admission of the Applicants, the Applicants are erstwhile directors/shareholders of the aforesaid company which has ceased to exist w.e.f 08.08.2018 and the said company has not been revived and no steps have been taken by the Applicants for restoration of the said company with the Registrar of the Companies. c. It is submitted that the Applicants have also deliberately concealed the fact that the Respondent in response to Applicants' ....
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....tted that the purported invoices attached with the present application are false and fabricated. It is a matter of fact that Goods and Services Tax ('GST') was launched with effect from 01.07.2017 and the date of registration of the aforesaid company of Applicants with the GST portal is 01.07.2017. Therefore, it is reasonable to infer that GST no. 07AALCS9852L1ZI as mentioned in purported invoices raised by the the said company and filed by the Applicants herein could not have been generated and given to Applicant prior to 01.07.2017 g. It is stated that in the reply dated 07.06.2019 it was informed to the applicants that the Respondent was not liable to pay a single rupee to the aforesaid company-principal amount or intere....
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....ny has not been revived and no steps have been taken by the Applicants for restoration of the name of the company. Burden of proof clearly lies on the applicant regarding maintainability of the present application. The applicants however could not prove with documentary evidence as to how they are entitled to file present application as operational creditors of the corporate debtor when they have not supplied any goods or provide any service to corporate debtor in their personal capacity. 8. In addition to that the claim of applicants is not admitted by the respondent and infact allegation of false and fabrication of invoices have been raised by the respondent in their reply. The respondent in its reply has pointed out that the invoices ....