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TMI Blog2020 (9) TMI 798X X X X Extracts X X X X X X X X Extracts X X X X ..... olvency Resolution Process inrespect of M/s. Prateek Apparels Private Limited(hereinafter referred to as 'Respondent/Corporate Debtor') on the ground that it has committed default for total amount of 10,00,000/- (Rupees Ten Lakhs only) as on 13.10.2019. 2. Brief facts of the case, as mentioned in the Application, which are relevant to the issue in question, are as follows: (1) M/s. Prateek Apparels Private Limited (hereinafter referred to as 'Respondent/Corporate Debtor') is a Company incorporated on 10.01.1995, under the Companies Act, 1956 with CIN: U8511 OKA 1995PTC016925 having its registered office at Plot No. 113, Krishna Reddy Industrial Area, 7th Mile, Kudulu Gate, Hosur Road, Bengaluru-560085. The authorised Shar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpletion of assessments but after the orders were made available started insisting on getting the refund from the government of Kerala the amount so deposited. After receiving the order, the Corporate Debtor started bargaining to amend the bill according to their wish, which the Operational Creditor refused. Since the matter has been taken so much professional time and also the service, has been undermined when the payment part has come to settle the professional charges. The Corporate Debtor refused to accept the bill initially and insist that the professional bill should amend as desired by them. Left with no choice the Operational Creditor forwarded the professional bill by speed post on 02.11.2019 and the same was returned to me along w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ardship, and it was intended to recover his professional dues from the Company, which was denied to him, after slogging for eight years. 2) After obtaining assessment orders for five years 2009-10 to 2013-14 (ten assessment orders) and after collecting the official orders, the Respondent felt his Professional fees was very high, as per the perception and all along he believes that they would pay after completion of all assessments, and thereafter, they have started negotiating his Professional fees after the Company benefitted almost more than Rs. 1.5 Crores. 3) The filing of Petition was started from November 4th 2019, by sending the notice to the Corporate Debtor, and finally filed it on27th January, 2020, well before the locked down ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut Branch. In reply to the invoice, the Corporate Debtor replied on 04.11.2019 to the Petitioner, by inter alia stating that they have made payment towards the services rendered along with reimbursement of travelling expenses for the single assignment of VAT/CST, Calicut, Kerala. As per the advice, they appointed Lawyers at Supreme Court, High Court, and Appellate Authority and have already made the payment of their Professional charges directly for this matter. 7. Subsequently, the Petitioner issued Demand Notice dated NIL, in Form 3 Under Rule 5 of the I&B (AAA) Rules, 2016, to the Respondent by demanding to pay the total amount of Rs. 10,00,000/-, within a period of ten days of receipt of this letter. In response to this, the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... faith without getting his fees settled before his services. Therefore, the Respondent has rejected the case of Petitioner purely on legal grounds by taking advantage of limited scope available to the Petitioner to invoke provisions of Code. It is true that the Respondent can legally deny the legitimate claim of Petitioner by taking advantage of summary proceedings as provided under the provisions of Code. In any case, professional fee to an experienced person like the Petitioner cannot be mere travelling expenses incurred. Though the instant Petition is not maintainable under the provisions of Code, it would be just and proper for the Respondent to consider the claim of Petitioner at least to pay for some advolreum amount by taking into co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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