Ina Malhotra, Member - (1.) The Petitioner, as Operational Creditor, has filed the present application for triggering the Insolvency Resolution Process of the Respondent/ Corporate Debtor on grounds of non-payment of its dues. As per the averments, the Petitioner agreed to provide digital marketing services to one, M/s. Awari Technologies Pvt. Ltd. for three years vide an agreement executed with them. This agreement, on completion of three years was renewed again on 01.05.2015 for a further period of three years and is the foundation giving rise to the cause of action in the present petition. Though this agreement was executed between the Operational Creditor and M/s Awari Technologies Private Limited, due to the financial crisis of the latter, it was communicated to the Petitioner that the invoices should be raised in the name of their sister company for services rendered from February, 2016 onwards. Accordingly, four invoices were revised and raised on the Respondent/ Corporate Debtor. It is stated that the Corporate Debtor duly attorned in favour of the Petitioner by accepting the liability and even made payment of two of the four invoices. TDS was deducted thereon and deposited with the Income Tax Department by the Respondent, as is evident from the Form-26AS relied upon by the Operational Creditor.
(2.) The grievance of the Operational Creditor is the non-payment under various invoices raised for the work done for the Respondent No. 1 Corporate Debtor including the two unpaid invoices raised against the accepted liability of M/s. Awari Technology. Various reminders failed to invoke any response. The Operational Creditor was constrained to suspend the services for want of payment being released to them. It was only then that vide communication dated 20.5.2017 that the claim was disputed, raising questions and expressing dissatisfaction about the services rendered by the Operational Creditor. This was duly refuted by the Operational Creditor vide the detailed Email dated 22.5.2017.
(3.) In view of the total inaction of the Corporate Debtor, the Operational Creditor sent a notice in the required format under the Insolvency and Bankruptcy Code, 2016. The said notice was sent by Email at the registered Email ID of the Corporate Debtor as well as to the officers incharge of its affairs. Ld. Counsel for the petitioner submits that no notice of any dispute has been communicated to them within 10 days of receipt of the said notice.;