Manorama Kumari, Member - (1.) Heard the Petitioner/operational creditor as well as respondent/Corporate debtor at length The Corporate Debtor has fairly admitted the due amount of Rs. 3,45,000/- against Bill No. AIA/09/16/17/026 dated 13.12.2016. The petitioner, operational creditor namely, Arun Kumar Jain 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 Maa Tara Industrial Complex 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 and well within the jurisdiction of this Bench. 1. The Petitioner/Operational Creditor is Professional Service Provider who had provided professional services to the Corporate Debtor for which professional fees amounting to Rs. 3,45,000/- was due from 13.12.2016. The Operational Creditor has raised bill no. AIA/09/16/17/026 dated 13.12.2016 for a sum of Rs. 3,45,000/- against the Corporate Debtor (at page 11 of the C.P.)
(2.) It is further submitted that the total operational debt to the tune of Rs. 3,45,000/-vide bill no. AIA/09/16/17/026 dated 13.12.2016 remained unpaid which is payable by the Corporate Debtor to the operational creditor but the corporate debtor failed to do so. However, Corporate Debtor admitted unpaid operational debt vide his letter dated 18.04.2017 (at page 13 of C.P.) towards professional fees as claimed by the Operational Creditor. Particulars of the claim To professional fees for the services rendered in and about the matter of: Preparation of feasibility report, consultation with venders, and preparation of project report in the matter of your software development project. 300000/- Add: Service Tax@ 14% 42000/- Add: Swachh Bharat Cess @ 0.50% 1500/- Add: Krishi Kalyan Cess @ 0.50% 1500/- Permanent Account No. ACSPJ6243Q, Service Tax Registration No. ACSPJ6243QSD001 Rupees Three Lacs Forty-Five Thousand Only ------------- 345000/-
(3.) Be that as it may, the operational creditor sent a demand notice / Invoice dated 17.04.2017 under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 to the corporate Debtor at its registered office and demanded payment of a sum of Rs.3,45,000/-inclusive all taxes as applicable (at page 8 of the C.P.) . which was duly receipted by the Corporate Debtor. The Corporate Debtor has not disputed the demand notice rather he has specifically and categorically admitted the operational debts amount to the Operational Creditor vide their letter dated 18.04.2017;