2019 (9) TMI 1614

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....to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') by M/S Harish Khurana & Associates (for brevity 'Applicant') with a prayer to initiate the Corporate Insolvency Resolution Process against One World Realtech Private Limited (for brevity 'Corporate Debtor'). 2. The Applicant is a company with PAN number AIIPK3010C and having its registered office at G-1/208-209, 2 Floor, Sector -16 Rohini, Delhi-110089. The Corporate Debtor is a private company registered under the Companies Act, 1956, incorporated on 24.02.2012 bearing CIN U70109DL2012PTC231990 as per master data and having its registered office at 107, First Floor, Khasra No. 369-370, Centrum Mall, MG Road, Sultanpur, New Delhi-110030. 3. The Applicant submits that pro....

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....rved the copy of this application through speed post which has been duly delivered to the corporate debtor as per the tracking report. 7. The Corporate Debtor has replied to the application denying the allegations against the outstanding amount and invoices raised by the applicant. The corporate debtor has asserted that there was no contract/engagement between applicant and corporate debtor nor the amount claimed by the applicant was ever agreed/fixed by corporate debtor. The corporate debtor never asked or communicated its statutory auditor to avail any services from the applicant and further has never received any invoices which are allegedly raised by applicant. Hence the corporate debtor asserts that there is no privity of contract b....

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....tary. 10. The statutory auditor has personally appeared and admitted that corporate debtor had not availed any services from the applicant and he in good faith to help the applicant, had allotted some work to the applicant and undertook to resolve the issue. The affidavit of the statutory auditor has also been placed on record. The admission of said facts is set out below verbatim from said application for ready reference: "That I have been assigned by the Respondent Company to filing of annual record with registrar of Companies, XBRL form of annual accounts, filing application with RoC seeking condonation of delay, if any, in filing annual returns and getting the amount of stamp duty for allotment of equity shares adjudica....