DHANDHANIA & SONS Vs. PITTIE POLYMERS PVT LTD

JUDGEMENT

(1.) It is a Company Petition filed u/s. 9 of the I & B Code 2016 against this Corporate Debtor namely Pittie Polymers Pvt. Ltd. by the Operational Creditor namely Mr. Madhan Dhandhania on the ground he was not paid Consultancy Charges, hence made a claim of Rs. 3,07,446/- including interest of Rs.96,068 on 31.3.2012 and Rs.45,506 on 16.4.2012, have been defaulted in making the total payment of Rs.1,41,566 payable to the Petitioner having not paid above said amount, the Petitioner by this case initiated Corporate Insolvency Resolution Process against the Corporate Debtor, hence this Petition.

(2.) The Petitioner submits that he was interviewed for the post of Factory Manager by the Corporate Debtor, to which, the Petitioner agreed to work on Consultancy basis as has been insisted by the Corporate Debtor. Since he worked on the said basis from 19.2.2012 to 16.4.2012, this Petitioner raised two bills against the Corporate Debtor Company i.e. Bill No. ORC 026 dated 31.3.2012 for an amount of Rs.96,068 for the month of March, 2012 and Bill No. ORC 01 dated 16.4.2012 for an amount of Rs.45,506/- for the period from 1.4.2012 to 16.4.2012. For the Corporate Debtor having not paid the Bills raised by the petitioner, he issued notice u/s. 8 of the I & B code demanding for payment of this Rs.1,41,566 plus interest of Rs.60,877 from the date of invoices.

(3.) On the notice issued by the Petitioner on 21.2.2017, the reply notice has come from the Corporate Debtor stating that this Petitioner already filed Criminal complaint bearing No. 2237 of 2003 against the Corporate Debtor, when it was dismissed, over which, a revision petition was filed before Session Court, that was also dismissed. With this, the Petitioner not being satiated, he filed a Summary Suit bearing No. 203/2015 against the Corporate Debtor before the Hon'ble Civil Judge Junior Division, Shivaji Nagar, that being pending before the Civil Court, the Corporate Debtor says, this Petitioner has no right to send notice under Rule 5 of the I & B (Application and Adjudicating Authority) Rule, 2016 demanding payment of Rs.3,07,446 from the Corporate Debtor.