9911796707
TMI Blog2018 (7) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... Only). The registered office is located at G-4B-1, Extension Mohan Co-Operative Industrial Estate, Mathura Road, New Delhi-110044. 2. The Operational Creditor applicant has not proposed any Interim Resolution Professional. 3. It is stated in Part V (6) of the application that a common purchase order bearing order no. 21 dated 14.06.2016 for an amount of Rs. 3,36,43,490/- was issued on the name of BLS International Services Ltd. Thereafter the Operational Creditor started providing guarding services in the Sewa Kendras situated in the zones of Moga, Ludhiana and Jhalandhar. The term of the services to be rendered was initially 5 years subject to renewal at the expiry of one year. A copy of the purchase order dated 14.06.2016 has been attached with the application. The purchase order is for deployment of guards and carries the following terms: "a. This is a provisional PO for 2147 Sewa Kendra. With confirmation on 367 Type 2 Sewa Kendra in 3 Zones of Punjab. Annexure attached for reference. b. Deployment of Guards for Type 2 Sewa kendras will start from 1st July 2016 and will be completed by 15th of July, 2016. (Total Requirement - 367 Guards) c. Contract will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Corporate Debtor. It is stated that there is a dispute in existence between the Corporate Debtor and the Operational Creditor within a meaning of Section 5(6) of the IBC. Briefly, the Corporate Debtor had been awarded a contract dated 18.04.2016 and had been appointed as a service operator to operate, maintain and manage Seva Kendras in the State of Punjab by Punjab State E-Governance Society (an undertaking of the Government of Punjab). It is further stated that whether the services at the Sewa Kendra were conducted by the Corporate Debtor directly or through a sub-contractor, the Corporate Debtor was to ensure compliance with the Labour Laws prevailing in the State of Punjab and the Corporate Debtor was liable to ensure the payment of the salaries and other social benefits of the employees working at the Sewa Kendra. The Corporate Debtor further submits that it was the duty of any sub-contractor appointed by the Corporate Debtor to comply with these requirements. 9. The Corporate Debtor in its reply stated that several draft agreements were exchanged through e-mail with the Operational Creditor between June 2016 and May, 2017. Finally, on 17.05.2017, the Corporate Debtor circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Corporate Debtor that the security guards at many centres had left and the same was done on the instructions of the Operational Creditor. In fact the Corporate Debtor vide its e-mail dated 05.10.2017 specifically informed the Operational Creditor on account of the non-responsive attitude, the Corporate Debtor was constrained to issue instructions to their finance department to stop processing of documents regarding the pay roll. 14. They have further submitted that on account of the operational creditor withdrawing its guards during the notice period there is flagrant violation of the term and conditions agreed between the parties, the Corporate Debtor was constrained to hire other security agencies. 15. The Corporate Debtor submits that the Operational Creditor vide letter dated 28.09.2017 wrote to BLS International Service Private Limited a Group company of the Corporate Debtor seeking an alleged payment of Rs. 3,77,01,461/- under various invoices from May 2017 to September 2017. The Corporate Debtor submits that the fact that Operational Creditor has raised invoices only till September 2017 itself shows that it breached the terms and conditions of the Contract between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agreement. 19. It is pertinent to mention here that as per application in Form-V filed by the Operational Creditor, bills in question have been Outstanding for more than 120 days. These are listed below:- Sl. No. Month Particulars Invoice No. Total 1 May'17 Zone 1 17002218 2430765 2 May'17 Zone 2 17001563 3391389 3 May'17 Zone 3 17001678 1605698 4 June'17 Zone 1 17003423 2387070 5 June'17 Zone 2 17002981 3391389 6 June'17 Zone 3 17002997 1600274 7 July'17 Zone 1 AM 17000062-LU 2526372 8 July'17 Zone 2 LU 17000055-LU 3525539 9 July'17 Zone 3 LU 17000067-LU 1660526 10 Aug'17 Zone 1 AM 17000136 2535112 11 Aug'17 Zone 2 LU 17000316 3525539 12 Aug'17 Zone 3 LU 17000317 1664272 13 Sept'17 Zone 1 AM17000136 2535112 14 Sept'17 Zone 2 LU17000316 3525539 15 Sept'17 Zone 3 LU 17000420 1664272 Total 7724923 Total O/s 37968869 Payment received against May'17 invoice 1500000 Total (May 17-Sep. 17) 36468869 Arrear Bill Amount 1232592 Grand Total O/s 37701461 20. The records have been perused and argument have been heard. 21. This Tribunal is not an ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated that there is no provision in the Purchase Order qua Notice period before termination of Services. The Purchase Order expired in the month of June, 2017 and the Corporate Debtor failed to renew the same and thereafter it was a month to month agreement. After intimation from CD about termination of services on 15.09.2017, the OC rendered its services till the completion of that month. The Corporate Debtor directed the Operational Creditor to remove their Security guards between 30.09.2017 to 05.10.2017 as the CD arranged some other Security agencies to provide guarding services from October, 2017 onwards. 27. The Corporate Debtor has stated that approximately 75 out of 367 Security Guards have filed various complaints against the Operational Creditor claiming their Wages and The Salary of the employees are due for the periods May, 2017 to September, 2017 (Corporate Debt is of the same period). 28. Respondent has taken the stand that there is existence of dispute with respect to the debt and demand in question. There has been no clear communication of dispute to the applicant about deficiency in services. No damage/counter claim has been lodged. No arbitration and/or legal pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, decree or order in any court of law, tribunal, arbitration panel or other authority; * transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; * any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; * recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. 34. It is further directed that: (a) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. (b) The provisions of sub-section (1) of section 14 of the Code shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator. 35. The Insolvency and Bankruptcy Board of India vide its letter dated 1.1.2018 has recommended a panel of Insolvency Professionals for appoint ..... X X X X Extracts X X X X X X X X Extracts X X X X
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