Case Law Details
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.”
Please become a Premium member. If you are already a Premium member, login here to access the full content.
