IN THE NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH COURT III

Along with

CP/353/2020

Under Section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority)

Rules, 2016

In the matter of

Easy Energy Solutions (India) LLP

Having office at:

04, C-Wing, Liberty Phase 1, North Main

Road, Koregoan Park, Pune-411001 …Operational Creditor/Petitioner

Vs.

Gloob Interior Design Pvt. Ltd.

Having office at:

Unit Nos. 801B, 801C and 802A, 8^th Floor,

Eureka Tower, Mindspace, Link Road,

Malad (West), Mumbai-400064 …Corporate Debtor/Respondent

IA/934/2020

Gloob Interior Design Pvt. Ltd.

Having office at:

Unit Nos. 801B, 801C and 802A, 8^th Floor,

Eureka Tower, Mindspace, Link Road,

Malad (West), Mumbai-400064 … Applicant

Vs.

Easy Energy Solutions (India) LLP

Having office at:

04, C-Wing, Liberty Phase 1, North Main

Road, Koregoan Park, Pune-411001 … Respondent

Order pronounced on: 06.09.2024

Coram:

Hon’ble Ms. Lakshmi Gurung, Member (Judicial) Hon’ble Sh. Charanjeet Singh Gulati (Technical)

Appearances:

For the Operational Creditor : Adv. Vinay Taliwal For the Corporate Debtor : Adv. Rohan Agarwal Per: Sh. Charanjeet Singh Gulati, Member (Technical

1. This Petition has been filed by Easy Energy Solutions (India) LLP (“Petitioner/ Operational Creditor”) to initiate Corporate Insolvency Resolution Process (“CIRP”) against Gloob Interior Design Private Limited (“Respondent/Corporate Debtor”) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“the I&B Code”) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 for an alleged default of 31,65,520/-

2. The Corporate Debtor approached the Operational Creditor for completing a project at the Radio Mirchi offices in Mumbai and Kolkata. Pursuant thereto, two work orders were issued by the Corporate Debtor in favour of the Operational Creditor. The details of the said two work orders are as follows:

Sr. Order No. Date of Amount Project No. Issue City

1 WO/2017-18/397 15.03.2018 Rs. 30,56,925.70 Mumbai 2 WO/2018-19/163 03.05.2018 Rs. 40,99,746.92 Kolkata Total Rs. 71,56,672.62

3. In order to complete the project, the Operational Creditor had engaged with various vendors and had also arranged for the material and labour for the purpose. The Corporate Debtor had received goods under various invoices and in view of the same, the Operational Creditor had raised the following bills/invoices:

4. The Corporate Debtor has made some part payments and the last payment was made on 04.09.2018. Thereafter, the Corporate Debtor failed to make the payment leading the Operational Creditor to stop the work at the respective sites. It is submitted by the Operational Creditor that various discussions were made with the Corporate Debtor regarding the outstanding dues of Rs. 31,65,520/-, however, the Corporate Debtor made no payment and instead, sent notices dated 10.09.2019 and 14.10.2019 asking the Operational Creditor to pay Rs. 73,16,635/- towards the losses caused due to non-completion of work by the Operational Creditor.

5. The Operational Creditor sent its reply dated 22.10.2019 denying the allegations contained in the legal notices sent by the Corporate Debtor and in turn demanded Rs. 31,65,520/- from the Corporate Debtor towards the outstanding dues.

6. Thereafter, the Operational Creditor issued the statutory notice dated

04.11.2019 under section 8 of the I&B Code calling upon the Corporate Debtor to pay the outstanding dues within 10 days. The Corporate Debtor sent reply vide letters dated 09.11.2019 and 12.11.2019 objecting to the notice dated 22.10.2019 issued by the Operational Creditor.

7. Due to non-payment of the outstanding due of Rs. 31,65,520/-, the Operational Creditor has filed the present Petition.

8. The Corporate Debtor filed the above IA in the captioned Company Petition challenging the maintainability of the Petition on account of pre-

existing dispute. The prayers sought in IA/934/2020 are as follows:

a) To dis