Notice Served To The Address Shown In ROC Records Is Valid : NCLT, Delhi

The petition was filed by M/s. Jones Lang Lasalle Building Operations Pvt. Ltd/Operational Creditor under Section 9 of the IBC, 2016. In 2017, the Corporate Debtor, who is a developer of building name 'Red Mall' hired the Operational Creditor, for its property management services such as  security, housekeeping, horticulture, facade clearing etc. Since the Corporate Debtor failed to pay the invoices amount , the Operational Creditor approached the Tribunal.

The NCLT has relied upon 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 Put. Ltd in relation to the petitioner's apprehension with respect to the period of change of registered office and service of notice. Address of the Corporate debtor had been changed at the time of serving the notice, but this change of address was not brought to the notice of ROC. In the ROC record , the previous registered address was showing. The NCLT after appreciating the fact 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.

Case Title: M/s. Jones Lang Lasalle Building Operations Pvt. Ltd. Vs M/s. Celebration City Projects Pvt. Ltd

Counsel for the Applicant: Mr. Lakshay Sawhney, Advocate

Date of Order: 21.03.2022

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