Jinan K.R., Member - (1.) This is an application filed under section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6(1) of the Insolvency & Bankruptcy (Application to Adjudicating Rules), 2016 for initiating insolvency resolution process against the Respondent/Corporate Debtor namely Fabworth Promoters Private Limited.
(2.) The petitioner alleged that Chris Garrod Global India Pvt. Ltd. is a company incorporated in India as a subsidiary of the company with the name and style of Chris Garrod Global Ltd. at London and that petitioner carrying business of procurement and consultancy and project management consultancy in line with the nature of business which is similar to that of Chris Garrod Global Ltd., London and execute projects in Asia for contracts entered globally The petitioner further contends that as per the work order dated 21.02.2014 for providing procurement consultancy services for the proposed JW Marriott Hotel and Apartments petitioner had raised invoices and debit notes and on the basis of which part payments have been made by the corporate debtor to the petitioner. According to the petitioner the corporate debtor committed default in payment for the services provided by the petitioner to the respondent. Producing the unpaid tax invoices and debit notes the petitioner claims that Rs. 26,44,830 (Rupees Twenty-Six Lakhs Forty-Four Eight Thirty Only) is due from the respondent and that even on repeated demands the respondent didn't pay and hence the Petitioner issued the demand notice in Form 3 along with the invoices on 18.01.2017 and filed this petition for initiating insolvency resolution process.
(3.) The Respondent entered appearance and objected the petition contending that this petition is not maintainable because there is no privity of contract between the petitioner and the respondent. According to the learned counsel for the respondent the petitioner has no locus standi to file an application of this nature and therefore liable to be dismissed.;