Manorama Kumari, Member - (1.) The petitioner, operational creditor namely company in the name and style of M/s. Progility Technologies Pvt. Ltd. has filed an application Under Section 9 read with Rule 6 of the Insolvency and Bankruptcy Code 2016 for (hereinafter called as "Code") initiating Insolvency Resolution Process against the respondent Company/ Corporate Debtor M/s. Ohio Cardiology Associates India Private Limited, claiming that the petitioner is an Operational Creditor within the meaning of Section 5 (20) of the Code and the respondent owes operational debt to the petitioner within the meaning of Section 5 (21) of the Code. It has also been claimed that the respondent is a defaulter in making the payment of operational debt and the claim is within the period of limitation. The Petitioner/Operational Creditor submitted that the respondent/Corporate Debtor had initially placed purchase order dated 25th June, 2013 to Siemens Enterprise Communications Pvt. Ltd. for supply and installation of data, voice, PA system and CCTV systems at its super speciality hospital site at DG-6, New Town, Rajarhat, Kolkata 700 156 for a total consideration amount of Rs.60,00,000/- inclusive of all taxes. The terms and conditions of the purchase order have been set out in the purchase order marked as 'Annexure-A'. The name of Siemens Enterprise Communications Private Limited was changed to Unify Enterprise Communications Private Limited on 18th October 2013 and thereafter, the name of Unify Enterprise Communications Private Limited was further changed to M/s. Progility technologies Private Limited (hereinafter called the Operational Creditor) on 10th February 2015.
(2.) On placing of purchase order as aforesaid corporate debtor made an advance payment to the tune of 15% as against total amount. The Operational Creditor duly commenced procurement of the said goods ordered by the Corporate Debtor. The Operational Creditor delivered the same to the Corporate Debtor which was duly received by him to his satisfaction without any objection. Thereafter, installation work in terms of purchase order was also completed to the satisfaction of the corporate debtor. In the month of May 2015 operational creditor and the corporate debtor conducted a joint inspection and both of them signed the installation and commission cum warranty certificate which is marked as Annexure 'D'.
(3.) The petitioner/operational creditor at the end of the installation on completion of the project, raised 12 invoices amounting to Rs.46,70,899.73/- which were accepted by the respondent/ corporate debtor without any protest. Operational Creditor has further submitted that the difference in the total invoices value and the contract value is due to the reason of certain equipments which were not required at the time of final installation. Photostat Copy of 12 invoices are annexed and marked as Annexure E'.;