Jones Lang Lasalle Building Operations Pvt. Ltd. Vs Celebration City Projects Pvt. Ltd. (NCLT Delhi)
It is now pleaded by the Petitioner that neither the Corporate Debtor nor its directors responded to the notices or paid the outstanding amount to the Operational Creditor. It is also stated by the Operational Creditor that the Corporate Debtor shifted its registered office to Flat No. 206, Vikas Plaza, Plot No. 2, Local Shopping Centre, Kalkaji, New Delhi and the Intimation of the same was filed with the Registrar of Companies in (FORM No. INC-22 uploaded on 24.12.2018 at 13:12:40 hours), which is annexed as P-8 at page 137-139.
Even assuming that the change in the registered office has happened. It is pleaded that the Demand Notice was sent and delivered to the Corporate Debtor much prior to filing of Form INC-22. Therefore, it is considered that the service of notice is completed.
In relation to this the petitioner’s apprehension with respect to the period of change of registered office, has relied upon the following decision:
“Similar question of intimation of change of registered office after service of demand notice arose before the Hon’ble High Court of Delhi in the matter “Hotline Teletubes & Components Ltd V AS Impex Ltd.” ‘Citation 2003(69) DRI 654 and before Hon’ble National Company Law Tribunal, Chandigarh Bench in the matter “RPG Industrial Product Pvt. Ltd. Vs Sahil International Put. Ltd.” CP (IB) No.121/ Chd/ Pb/ 2018 (Decided on 21.1.2019) and it was held that demand notice had to be taken to be validly served if delievered at the previous registered address prior to recording of change of address in records of the Registrar of Companies.”
NCLT after appreciating the fact of the case held that demand notice had to be taken to be validly served if delivered at the previous registered address prior to recording of change of address in records of the Registrar of Companies.
FULL TEXT OF THE NCLT JUDGMENT/ORDER
1. This is an application filed by an Operational Creditor under Section 9 of the IBC, 2016. In 2017, the Corporate Debtor, who is a developer of building name as “Red Mall” a property located in Ghaziabad, Uttar Pradesh hired the present petitioner, for its property management services name, Security, Housekeeping, Horticulture, Façade Clearing etc. The letter of Intent has been issued for Property Management Services dated 13.04.2017, is annexed at page 36 to 58 of this Petition.
2. That the Operational Creditor has provided services, to the Corporate Debtor from April 2017 to November, 2017. In terms of clause 3 of the Agreement, the Operational Creditor has raised certain invoices for the services provided to the Corporate Debtor, which were to be paid within 15 days of the date of invoice or on before the due date mentioned in the invoices. Invoices are at Annexure P-6 @Page 59-70 and the details of these Invoices are as follows:
