AI Drafter 
TaxTMI 
TaxTMI 
2021 (7) TMI 672
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....d "Operational Creditor") seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Gammon Engineers and Contractors Private Limited (hereinafter called "Corporate Debtor") alleging that the Corporate debtor committed default in making payment to the Operational Creditor for the provided by the petitioner to the Corporate Debtor. This petition has been filed by invoking the provisions of Section 8 and 9 Insolvency and bankruptcy code (hereinafter called "Code") read with Rule 6 of Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016. 2. The present petition is filed before this Adjudicating Authority on the ground that the Corporate Debtor failed to make payment of a sum of Rs. 94,23,410/-/- (Rupee....
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.... d. Between 05.02.2018 till 17.08.2018, the Operational Creditor had addressed various e-mails to the Corporate Debtor reminding it to repay the amount in default. However, the Corporate Debtor has failed to do so. e. Therefore, on 22.03.2019, the Operational Creditor had issued a Demand Notice upon the Corporate Debtor in accordance with the provisions of Section 8 of the Code. The said demand notice has not been responded to by the Corporate Debtor till the date of filing of the present petition. 4. The Corporate Debtor has on the contrary, denied all the averments and allegations raised by the Operational Creditor. The contentions of the Corporate Debtor are summed up as follows: a. The Corporate Debtor stated th....
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....s clear that the representatives of the Operational Creditor had one to one meetings with the representative of GIPL wherein discussion in respect of payment of amounts by GIPL to the petitioner took place. c. The Corporate Debtor stated that such communication in meeting between GIPL and Operational Creditor clears the fact that GIPL has admitted its liability to make payment to the Operational Creditor in respect of the work done and here, nowhere the Corporate Debtor is in picture with respect to the work done and respective payment and hence the question of respondent making any payment to the petitioner for the work done by GIPL never arose. d. The respondent submits that it is understood that from the copies of alleg....
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....sent petition under section 9 of the Act shall be dismissed against respondent in interest of justice. Findings 1. Heard both sides and perused the record. As mentioned above, the main contention of the Corporate Debtor in this case is that the original work order was issued by Gammon India Limited but the actual work was done by the Operational Creditor in respect of project site of Gammon Infrastructure Projects Limited and some of the bills were also paid by the Gammon Infrastructure Projects Limited and therefore there is no privity of contract between the Operational Creditor and the Corporate Debtor and thus the Corporate Debtor is not liable to pay the amounts claimed by the Operational Creditor. 2. In orde....
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....ued by the petitioner. 3. Thus, the above contention raised by the Corporate Debtor in the above petition is not legally sustainable and is liable to be rejected as it is an afterthought to avoid the liability of Operational Creditor. As stated above, the debt and default are clearly established and the application is complete in all respects and is well within limitation. 4. Under these circumstances, this tribunal is of the considered opinion that the above company petition is liable to be admitted and accordingly the same is admitted by passing the following: ORDER a. The above Company Petition No. (IB) -2066(MB)/2019 is hereby allowed and initiation of Corporate Insolvency Resolution Process (CIRP) is....
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....ancial Assets and Enforcement of Security Interest Act, 2002; the recovery of any property by an owner or lessor where such property is occupied by or in the possession of the Corporate Debtor. e. That the supply of essential goods or services to the Corporate Debtor, if continuing, shall not be terminated or suspended or interrupted during moratorium period. f. That the provisions of sub-section (1) of Section 14 shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. g. That the order of moratorium shall have effect from the date of pronouncement of this order till the completion of the corporate insolvency resolution process or until....