Bikki Raveendra Babu, Member - (1.) Deep Constructions Co., through its Partner, Shri Rameshbhai Naranbhai Sorathia, filed this Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ["the Code" for short] read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 with a request to trigger Corporate Insolvency Resolution Process in respect of A & I Hospitality Private Ltd.'' styling it as 'Corporate Debtor'.
(2.) The Petitioner is engaged in construction work and is a Provider of construction related services to the Respondent since 2015. In due course of their business Petitioner carried out construction work and rendered roofing, tiling and masonry services at the site and premises of the Respondent Company; the scope of work that was carried out included the construction of godowns and external development work; and Petitioner carried out the work r between September 2015 and July 2016. The total principal amount due for the work done is Rs. 5,82,37,579/-. Petitioner raised several invoices upon the Respondent for the construction and other works. Those invoices were duly received by the Respondent and acknowledged. Respondent also accepted the ledger account showing the balance amounts due between the parties between 1st April, 2015 and 31st March, 2016. Respondent accepted and acknowledged the existence of the debt due to the Petitioner and paid the tax deductible at source for and on behalf of the Petitioner to the Income Tax authorities.
(3.) The principal amount payable is under the following Bills; JUDGEMENT_482_LAWS(NCLT)1_2018_1.html According to the Petitioner, the total amount received is Rs. 5,82,37,579/- together with interest calculated at 18% p.a. from the respective due date of the invoice and debit note till realization. Inspite of repeated requests made by the Petitioner, Respondent did not pay the outstanding amount. In the light of persistent and deliberate failure of the Respondent to pay the admitted outstanding dues as on 5.8.2017 the Petitioner issued a Demand Notice under Section 8(1) of the Code. Respondent did not respond to the Demand Notice issued under Section 8(1) of the Code. Respondent did not issue any notice of dispute. The Registered Office of the Respondent Company is situated at Gandhidham, Kutch.;