9911796707
TMI Blog2017 (11) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... rder dated 25th July, 2017 was passed by the Adjudicating Authority completely in violation of rules of natural justice. The letter issued on behalf of the appellant – Corporate Debtor dated 1st June, 2016 shows that there is also an ‘existence of dispute’ as is clear from the relevant portions and the preliminary objections. Though it was reported that no notice has been served at the given address, but the Adjudicating Authority wrongly treated the notice deemed to have been served. It is a settled law that on refusal of the notice by a party, the same can be deemed to have been served, but for insufficient or on wrong address, return of notice cannot be treated to be served. From the aforesaid fact, we find that the impugned order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant relied on a letter dated 1st June 2016 written by a lawyer on behalf of the appellant to the lawyer of the Operational Creditor pursuant to the legal notice dated 09.03.2016 issued on behalf of the Operational Creditor in support of the claim that there is an existence of dispute. 4. Learned counsel appearing on behalf of the respondent Operational Creditor referred to an order dated 31st May, 2017 to suggest that the notice was issued by the Adjudicating Authority by Dasti, i.e. through the Operational Creditor returnable on 3rd July, 2017. Reliance has also been placed on the affidavit filed by the Operational Creditor along with the postal receipt and the tracking record to re-affirm that the notice has been served. Howeve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... false and frivolous legal notice, which even to the knowledge of your client, is based on false facts. It is in the knowledge of your client that no amount is due and recoverable from my client as my client has already paid entire amount in respect of the invoices, which have been raised by your client on my client and further your client time and again have also issued credit notes to my client as goods supplied by your client to my client were defective and the same were taken back by your client. xxx xxx xxx 8. That the contents of para No. 8 of the legal notice are wrong and denied. It is wrong ..... X X X X Extracts X X X X X X X X Extracts X X X X
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