2021 (5) TMI 643

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....te Corporate Insolvency Resolution Process (CIRP) in respect of M/s. RD Buildtech and Developers (Karnataka) Private Limited, on the ground that it has committed default for total amount of Rs. 22,53,949/- (Rupees Twenty Two Lakh, Fifty Three Thousand Nine Hundred and Forty Nine Only). 2. Brief facts of the case, as mentioned in the Company Petition, which are relevant to the issue in question, are as follows: (1) M/s. Whitehand Services (herein after referred to 'Operational Creditor') having its registered office situated at #179/2, Chaitra Complex, Shop No. 11, Near Vinayaka Theatre, Kothnur Gottigere Road, J.P Nagar, 8th Phase Bengaluru - 560062. The Company is engaged in the business of Facility Management Services ....

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....39; intimating that the services provided by the Operational Creditor to the Corporate Debtor shall stand terminated as on 31.12.2019 and also requesting the Corporate Debtor to clear the outstanding dues payable to the Operational Creditor at an earliest. Despite repeated efforts of the Applicant, the Corporate Debtor has failed to pay its admitted operational debt. Therefore, the Operational Creditor was constrained to issue a Demand Notice dated 27.01.2020 to the Corporate Debtor in Form-3. The said Demand Notice was served on the Corporate Debtor on 30.01.2020. (5) Despite receiving the Demand Notice, the Corporate Debtor has neither intimated the existence of any dispute within a period of ten days from the date of receipt of ....

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....er accounts would indicate improper invoices entries made in the ledger extract, none of these invoices have been raised in terms of the abstract from 01.04.2018 to 28.02.2020. Therefore, the invoices and the abstract that are given are absolutely down loaded, fabricated documents that have been raised. The invoices were disputed. 4. Heard Shri Anil Kolloth, learned Counsel for the Petitioner and Shri V.B. Shivakumar, learned Counsel for the Respondent through Video Conference. We have carefully perused the pleadings of the Parties, extant provisions of the Code, the Rules made thereunder and the Law on the issue. 5. Shri Anil Kolloth, learned Counsel for the Petitioner, while reiterating the various averments made in the Petition, as....