TMI Blog2021 (2) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... f of service of demand notice ot provided - HELD THAT:- There is no record of any contractual arrangement between the Operational Creditor and the Corporate Debtor - Copy of the invoice has not been attached. What has been attached at p.49 is only a calculation sheet mentioning the principal amount of the invoice, the interest calculation. There is no record of the invoice having been served on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii)(c) of the IBC. - CP (IB) No.2158/MB.IV/2019 - - - Dated:- 23-9-2020 - Ravikumar Duraisamy, Member (Technical) and Rajasekhar V.K, Member (Judicial) For the Operational Creditor : Ms Pallavi Maheshwari, Advocate For the Corporate Debtor : Mr Chandrakant M. More, Director present in person. ORDER This is a Company Petition filed under section 9 of the Insolvency a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,29,000.00 (Rupees one lakh twenty-nine thousand only) as principal and ₹ 11,682.00 (Rupees eleven thousand six hundred and eighty-two only) as interest as on 05.11.2018, which is stated to be the date of default. 4. The case of the Operational Creditor is The Operational Creditor raised invoices on the Corporate Debtor towards professional fees for providing professional compliance se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted any reply in the matter. 8. We have heard Ms Pallavi Maheshwari, Learned Counsel for the Operational Creditor, and Mr Chandrakant More, Director of the Corporate Debtor. 9. From the records, we observe the following: - (a) There is no record of any contractual arrangement between the Operational Creditor and the Corporate Debtor. (b) Copy of the invoice has not been attache ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth of which use the term delivered. 10. The pre-requisites of section 9 of the IBC have not been satisfied. Therefore, the present petition fails and therefore, the same is rejected in terms of section 9(5)(ii)(c) of the IBC. 11. We make it clear that any observations made in this order should not be construed as expressing opinion on merits. The right of the petitioner before any jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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