9911796707
TMI Blog2022 (5) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... ng GST as of 31.07.2018. 2. The Applicant is a Real Estate Agent registered under the Maharashtra Real Estate Regulatory Authority on 12.02.2018 with registration certificate bearing No. A51800012560, and having his office at C-201, Seagull, Sherly Rajan Road, Bandra (West), Mumbai. 3. The Respondent is a Public and State Government Company, incorporated under the provisions of Companies Act, 1956 on 10.08.1973, duly registered with Registrar of Companies, Ahmedabad with CIN: U22219GJ1973SGC002360, and having registered office at 1st Floor, Handloom Technology Institute, Railway Station Road, Sector 13, Gandhinagar, Gujarat-382016. The Authorized share capital of the Respondent Company is Rs. 15,00,00,000/- and the Paid-up share capital of the Respondent Company is Rs. 12,05,53,500/-. 4. The relevant facts as submitted are summarized hereunder: i. The Respondent had published an advertisement in the 'Times of India' (Mumbai Edition) for commercial premises in Mumbai for Garvi Gurjari Emporium on a rental/lease basis. Thereafter, the Applicant offered professional services being a real estate agent for locating commercial premises suitable for the requirements of Garvi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... security deposit and applicable GST of Rs. 36,15,30/-, totalling an amount of Rs. 23,70,030/- for the initial 33 months of the license period vide the L& L Agreement. v. Thereafter, the Applicant issued a bill on 26.07.2018 for the initial 33 months of the license period of the said agreement to the Respondent for the amount of Rs. 23,70,030/-. vi. It is further submitted that the Respondent send an email on 29.08.2018 in response to the bill dated 26.07.2018 wherein it acknowledged the professional services provided to it and offered to pay a comparatively small amount of Rs. 4,75,000 as a commission/brokerage fee. Thereafter, on 29.04.2019, the Respondent send another response by way of a letter wherein it again acknowledged the professional services provided by the applicant and offered to pay a revised amount of Rs. 4,87,500/- as commission/brokerage fee. vii. Applicant through his advocate issued a demand notice dated 04.06.2019 in the prescribed Form 3 under Section 8 of the IB Code read with Rule 5 of AA Rules, 2016. viii. The Respondent replied to the demand notice vide letter dated 29.04.2019 wherein the Respondent raised the following points/disputes hereinunder: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his services is not true and denied by the Corporate Debtor. vii. that, the Corporate Debtor has not produced any evidence to establish that the Corporate Debtor has accepted the offer of the applicant. The question of acceptance does not arise since no offer has been made by the Corporate Debtor. viii. that, the applicant, for the first time sent a letter dated 11/01/2018, wherein along with details of brokerage charges the applicant has mentioned in the bracket that "(to be discussed and mutually agreed)" meaning thereby that the respondent cannot be said to have agreed to the terms of the letter. ix. that, the respondent has given a factual reply to the Demand Notice sent by the applicant, the respondent further states that since the respondent Corporation, being fully owned State Government Corporation, is carrying on its business as per the instructions of the State Government, therefore only the brokerage charges approved by the Government was to be paid to the Applicant. x. that, the present application filed by the applicant under the provision of IB code is not tenable and further submitted that there exists no due amount to be paid to the applicant, no amount, un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of a dispute. The dispute raised regarding the quantum of the amount in the absence of any suit or arbitration or other evidence, cannot be said to be a pre-existing dispute. Hence, the appeal is dismissed. c. The Hon'ble Bombay High Court passed the order dated 06.12.2019 in the matter of M/s. Antibiotics Ltd. v/s. Union of India was impugned and thereafter the matter went into the Hon'ble Supreme Court wherein the appellant has raised the issue of whether CIRP can be initiated against the Government Company and the same matter is still pending before the Hon'ble Supreme Court. d. The applicant further relied upon the Judgement passed by the Hon'ble Supreme Court in the matter of M/s. Hindustan Construction Company Limited and another v/s. Union of India and others. 11. The registered office of the Respondent is situated in Ahmedabad, Gujarat State and, therefore, this Tribunal has jurisdiction to entertain and try this application. 12. As per part IV of Form 5, the date of default is 01.08.2018 and the present application is filed on 03.09.2019. Therefore, the present application is within the period of limitation. 13. Heard submissions and perused doc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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