Ashok Kumar Mishra, Member - (1.) The Petitioner M/s. FedEx Express Transportation and Supply Chain Service (India) Private Limited had filed a petition for winding up against the respondent company under Section 433 (e ) read with 434 of the Companies Act, 1956 before the Hon'ble High Court of Karnataka on 2nd December, 2016 for winding up of M/s. Pickthemup Technologies Private Limited. This matter was received on transfer from Hon'ble High Court of Karnataka pursuant to notification no G.S.R.No.lll9(E ) & S.0.3676(E ) dated 7th December, 2016 issued by Ministry of Corporate Affairs, Govt, of India. The petitioner has filed compliance affidavit in terms of the above notification.
(2.) The Petitioner is an operational creditor who is a reputed shipping agency operating in India. The Petitioner/ Operational creditor has provided expertise services to the Respondent Company M/s.Pickthemup Technologies Private Limited. The Petitioner/ Operational creditor had entered into an agreement with the Respondent Company wherein the Respondent Company had availed the services of the Petitioner/Operational Creditor with effect from 18.09.2015 and the invoices for the same had been issued to the Respondent. The total amount ofDebt
(3.) The petitioner/ operational creditor has filed the Demand notice in Form No.3 of Insolvency and Bankruptcy Rules, 2016 read with Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The petitioner/operational creditor has enclosed the Tracking report in proof of delivery of Demand Notice under Section 8 under Insolvency and Bankruptcy Code, 2016. The Tribunal had issued notice to Respondent at the first instance. The Tribunal had directed the Registry to prepare the notice and the Petitioner/operational creditor to serve the notice on the Respondent. The postal receipt and acknowledgement was filed by the counsel through memo dated 26.10.2017.;