The Delhi bench of National Company Law Tribunal ( NCLT ) has held that notice served at the previous registered address prior to recording of change of address in Registrar of Companies is Valid.
The petitioner, M/s. Jones Lang Lasalle Building Operations Pvt. Ltd (Operational Creditor) hired by the Corporate Debtor, who is a developer of building name ‘Red Mall’ for its property management services such as security, housekeeping, horticulture, facade clearing etc. Operational Creditor has provided services to the Corporate Debtor from April 2017 to November 2017. In terms of Agreement the Operational Creditor has to pay for the services provided to the Corporate Debtor. On failure of payment the Operational Creditor issued Demand Notice to Corporate Debtor at its Registered Office address. Since the Corporate Debtor failed to pay the invoices amount, the Operational Creditor approached the Tribunal.
It was submitted by the petitioner by relying on the Judgment passed by the High Court of Delhi in Hotline Teletubes & Components Ltd V AS Impex Ltd and also relied upon the Judgment passed by NCLT, Chandigarh Bench in the matter of RPG Industrial Product Pvt. Ltd. Vs Sahil International Pvt. Ltd, that Corporate Debtor shifted its registered office and intimation of the same was filed with the Registrar of Companies in Form no: INC-22. But the demand notice was sent and delivered to the Corporate Debtor much prior to filing of Form INC-22. Therefore the service of notice is completed.
The Coram of Justice Sri Ramalingam Sudhakar and Sri Narender Kumar Bhola relied on the judgments on:-
Hotline Teletubes & Components Ltd V AS Impex Ltd and RPG Industrial Product Pvt. Ltd. Vs Sahil International Pvt. Ltd it was held that demand notice had to be validly served if delivered at the previous registered address prior to recording of change of address in records of Registrar of Companies.
The Tribunal thus admitted the petition and initiated the CIR Process of Corporate Debtor.
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