TaxTMI 
TaxTMI 
2021 (8) TMI 761
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....ncy Resolution Process (CIRP) against Xrbia Developers Limited (hereinafter called the 'Respondent') under Section 9 of Insolvency and Bankruptcy Code, 2016 (hereafter called the 'Code'). 2. The counsel for the petitioner submitted that the petitioner and respondent entered into an arrangement vide an Agreement dated 09.03.2016, whereby the respondent authorised the petitioner to act as marketing representative for a real estate project namely "Xrbia Vangani" being developed by the respondent. The petitioner had sold certain flats/units in the aforementioned project and as per the terms of the agreement between the parties a sum of Rs. 61,69,488/- is due and payable by the respondent to the petitioner towards payment of marketing fee/broke....
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....sting dispute between the parties. There were email exchanged between the parties which contains an attachment being a Microsoft Excel file named 'Indiabulls CD calling data (1)' ("the Excel sheet"). The said files contain two sheets being Sheet No. 1 - 'Raw Data', Sheet No. 2- 'Summary'. The said excel file is a detailed explanation in a tabular format/excel format of all the customers who had booked units in the said Project without the involvement or any connection reference of the Petitioner whatsoever. The said excel sheet also provides links to the audio file of call recordings with each customer from Respondent to verify whether the booking has been done through Petitioner or not. In the said call recordings most of the customers hav....
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....d the call recording of the customer along with details of non-payment of consideration of the flat by the customers. He therefore stated that it is explicit that the Respondent has raised the dispute before the filing of the Petition and issuance of demand notice. The Respondent categorically indicated the claimed invoices subject to the agreement entered into between the parties and since the bookings were not made with the involvement of the Operational Creditor, no amount was payable to the Operational Creditor. 9. The counsel for the respondent further submitted that there are discrepancies as to the amount of debt and the date when the amount became due. As per Part-IV of Form-5, the amount of Rs. 61,69,488/- fell due as of 30.09.201....
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....ercent (40%) of the Sale consideration in case of Self Funded Customers AND in case of identified Customers availing Finance Facility then the Consultant shall be entitled to receive hundred percent (100%) of the brokerage/commission due and payable by the Developer to the Consultant only if the customer/buyer/ purchaser of said Unit(s) has paid Twenty percent (20%) or more than Twenty percent (20%) of the Sale consideration. However, in the event, the customer/buyer/purchaser has paid less than Forty percent (40%) of the Sale Consideration in case of Self Funded Customers AND in case of Identified Customers Identified Customers availing Finance Facility then if customer/buyer/ purchaser has paid less than Twenty percent (20%) of the Sale c....