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TMI Blog2021 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ocess (CIRP) in respect of M/s.Cheftalk Food and Hospitality Services Pvt. Ltd., on the ground that it has committed default for an amount of Rs. 3,50,00,000/- (Rupees Three Crore Fifty Lakh Only). 2. Brief facts of the case, as mentioned in the Company Petition, are as follows: (1) Smt. Lakshmi Durga Chalasani (hereinafter referred to as Petitioner/Operational Creditor), is the wife of late Shri Hari Kumar C.G. residing at No.416, Hari Nivas, M.J. Nagar, 4th Cross, Dam Road, Hospet, BeIlari-583201. (2) M/s. Cheftalk Food and Hospitality Services Private Limited (herein after referred to as Respondent/Corporate Debtor) having GSTIN No.29AAFCC7584D1ZE was incorporated on 01.09.2016. Its Authorised Share Capital is Rs. 1,00,000/-(Rupees ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... When the Operational Creditor got issued legal notice dated 21.05.2019 calling upon the Corporate Debtor to effect payment of the arrears of rent become due. The Corporate Debtor in spite of service of notice has not paid the arrears become due by them. 3. In response to the Legal Notice dated 21.05.2019, the Corporate Debtor filed a Reply dated 19.06.2019, by inter alia contending as follows: (1) It is stated that the Corporate Debtor are in the business of Running Catering and Hospitality Service at Bangalore since 2016. During the course of expanding their business they appointed Mr. Hari Kumar as Manager of the Bangalore Branch through their Company's Board Resolution dated 04.04.2016 and Mr. Hari Kumar was authorized to sign all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Debtor's Company he misused his official position and behind the back of the Corporate Debtor, he transferred huge sum of money amounting to Rs. 1,52,80,000/-(Rupees One Crore Fifty Two Lakhs Eighty Thousand Only) to his Bank Account with an intention to cheat the Corporate Debtor's Company by acting fraudulently. After coming to know the said illegal act of Mr. Hari Kumar, the Corporate Debtor's Company had removed Mr. Hari Kumar from the position of 'Authorized Signatory' through its Board Resolution dated 15.09.2018. Further, the Corporate Debtor stated that Mr. Hari Kumar is due to the tune of Rs. 1,16,80,000/- (Rupees One Crore Sixteen Lakh Eighty Thousand Only) to the Corporate Debtor's Company and in that res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the agreement having been signed or amounts spent on purchase and supply of kitchen plant and machinery etc. for the Respondent. 6. In its reply to the Notice dated 19.06 2019, the Respondent stated that they appointed Mr. Hari Kumar as Manager and he was authorized to sign all documents related to Karnataka Tax on Professions etc. on behalf of the Company. He was not the investor or the partner and he had not invested any money. They did not enter into any agreement with him in the month of March, 2016. The High Tech Kitchen Machinery and Plants were purchased by him as representative of the Corporate Debtor's Company with the Corporate Debtor's Company's Funds. He had no direct connection with Robert Bosch Company and In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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