KAUSHAR GEMS Vs. J R DIAMOND PVT LTD

JUDGEMENT

(1.) M/S. Kaushar Gems, Through its Proprietor Shri Kaushik R. Doshi, Karta of Ramesh K. Doshi (HUF) , filed this Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 ["Code" for short] read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, ["Rules" for short] with a request to trigger Corporate Insolvency Resolution Process in respect of M/s. J.R. Diamonds Private Limited styling it as 'Corporate Debtor'.

(2.) J.R. Diamonds Private Limited is a Body Corporate constituted under the Companies Act, 1956 having its Registered Office at Surat. The Company is engaged in the business of manufacturing necklaces. The Respondent Company is in requirement of labourers / craftsmen for cutting and polishing diamonds. Petitioner is engaged in the business of providing labour services for cutting and polishing diamonds. Respondent approached the Petitioner for providing service in the nature of labour work for polishing and cutting rough diamonds.

(3.) Between the financial year 2012-2013, Petitioner provided services for polishing and cutting rough diamonds from time to time at the request of the Respondent. The details of the Invoices raised by the Petitioner are as under;