Srinidhi Comprint Private Limited Vs First Flight Couriers Limited (NCLT Mumbai)
Facts-
The Corporate Debtor used the services/ items extended and supplied by the Operational Creditor but failed to clear the dues. Accordingly, the Operational Creditor/Petitioner issued Demand Notice u/s 8 of Insolvency and Bankruptcy Code, 2016 dated 24.05.2021 in Form 3 thereby demanding for repayment of outstanding amount to the tune of Rs.1,44,07,834/-. Despite receipt of said Demand Notice, the Corporate Debtor neither replied to the same nor repaid the outstanding dues.
The Operational Creditor/Petitioner filed affidavit u/s 9(3)(b) of the Code thereby stated that no notice of dispute has been raised by the Corporate Debtor nor received any communication regarding any dispute in response to the said Demand Notice.
Accordingly, the petition is filed by the Operational Creditor under section 9 of the IBC read with rule 4(1) of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 for initiating Corporate Insolvency Resolution Process against Corporate Debtors.
Conclusion-
Held that the application is complete and has been filed under the proper form. The debt amount is more than Rupees One Crore and default of the Corporate Debtor has been established and the application deserves to be admitted.
FULL TEXT OF THE NCLT MUMBAI ORDER
1. This is a Company Petition filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Srinidhi Comprint Private Limited (“the Operational Creditor”), seeking to initiate Corporate Insolvency Resolution Process (CIRP) against First Flight Couriers Limited (“the Corporate Debtor”). The Operational Creditor claiming a sum of Rs.1,44,07,834/-which is said to be amount in default. The date of default is 13.03.2019.
2. The Corporate Debtor is a limited Company incorporated on 02.05.1988 under the Companies Act, 1956, with the Registrar of Companies (RoC), Maharashtra, Mumbai. Its Corporate Identity Number (CIN) is U64100MH1988PLC047228. Its registered office is at G-1001/02, Lotus Corporate Park, Off Jaycoach Flyover, Western Express Highway, Goregaon (East), Mumbai-400063.
BRIEF FACTS OF THE CASE
3. The Application is filed by Mr. Bhupendra Dadhich, authorized by the Operational Creditor vide Board Resolution dated 24.05.2021.
4. The Operational Creditor is engaged in the business of printing and service activities related to printing and Corporate Debtor is in the business of Printing Services.
5. The Operational Creditor/Petitioner submits that from 20.06.2018 to 13.03.2019 they supplied printed items i.e. Courier Slips, PP Woven Fabric Sack upon the Corporate Debtor in respect of which invoice raised by the Operational Creditor upon the Corporate Debtor amounting to Rs.1,44,07,837/-. The Corporate Debtor used the services/items extended and supplied by the Operational Creditor but failed to clear the dues.
6. For this purpose, the Operational Creditor has raised invoices in name of the Corporate Debtor as listed below which are annexed to the Petition.
