TaxTMI 
TaxTMI 
2021 (9) TMI 685
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....solvency Resolution Process (CIRP) against Xrbia Chakan Developers Private 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 Eiffle City II" being developed by the respondent. The petitioner had sold 22 flats/units in the aforementioned project and as per the terms of the agreement between the parties a sum of Rs. 17,35,762/- is due and payable by the respondent to the petitione....
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....has made an attempt to submit merely some cover letter to claim. 5. The counsel for the respondent further mentioned that there is a pre-existing 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 filed 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 reco....
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....med invoices subject to the agreement entered into between the parties and since the bookings were not made with the involvement of petitioner, no amount was payable to the petitioner. 9. He also submitted that the Respondent vide its email dated 01.03.2017 informed the Petitioner about the disputed debt and also provided 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....
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....customer/buyer/purchaser, 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 the said Unit(s) has paid forty per cent (40%) or more than forty percent (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/....
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....being claimed by the Petitioner. Be that it may, this bench notes that there are pre-existing disputes between the Petitioner and the Corporate Debtor. This bench notes that in this Petition, several invoices have been annexed and to explain the same, excel sheet has been annexed by the respondent. The file contains two sheets, the 1st excel sheet provides explanation in a tabular excel format of all the customers who have booked units in the said project with involvement of the petitioner. This excel sheet also provides information regarding each customer to verify whether the bookings have been done through the petitioner or not. From the above it is clear that most of the customers have booked the flats from different sources viz. with a....