9911796707
TMI Blog2018 (4) TMI 1442X X X X Extracts X X X X X X X X Extracts X X X X ..... and the services rendered by the appellant. Learned counsel for the appellant further submits that the respondent has accepted the liability but that cannot be a ground to admit the application filed under Section 9 there being an existence of dispute. For the aforesaid reason, we are not inclined to interfere with the impugned order. In absence of any merit, the appeal is dismissed. - Company Appeal (AT) (Insolvency) No. 280 of 2017 - - - Dated:- 6-3-2018 - Mr. S.J. Mukhopadhaya And Mr. Bansi Lal Bhat, JJ. For The Appellant : Mr. Sanjiv Dagar, Advocate For The Respondent : Mr. Ayush Kapur, Advocate ORDER The appellant Operational Creditor has challenged the order dated 13th October, 2017 passed by the Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also been noticed by the Adjudicating Authority in detail in Paragraph 13 of the impugned order, as quoted below: 13. The other main objection of the respondent is that there are series of conversation made between the parties through e-mails, reflecting existence of dispute, which have been concealed by the applicant. It is emphasized that the said e-mails are sufficient to prove that there exist clear dispute in respect of the transaction in question. Some of the e-mails filed by the respondent company are as follows : From Meetul Patel Date : 09/08/2014 10:54 (GMT+5.30) To Vikram Dham + Thanks for the time with Manva. I will check in with him and the team reviewing the facts around the licensing positioning a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will be terminated and the chapter closed. The deal was a result of distortion of facts and manipulation of information and therefore not done in good faith nor done in a principled manner. All of us at Emkor are quite sensitive to this and it will give us great comfort to know that this has been cleaned up as it should. I would be happy to meet with you some soon to discuss in in person We are keen to move forward and put this behind us and I hope we can continue doing some of the great work we have done together as progressive business partners. I look forward to hearing from you. Thanks Vikaram Dham, MD CEO From Meetul Patel Sent Wednesday July 23, 2014 1.59 AM Date 09/08/2014 10:54 (GMT +5.30) To Vikram D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent was not at all a necessity for our requirement. Additionally after waiting for 3 weeks for Maclores to show up and help us with taking LIME infra on Azure we will have to support and no clue as to when this help will be available to us. We tried to bring these issue up for resolution on numerous occasions but no one was interested in helping us especially after we had signed up and agreed to the EQ. This is frustrating since these issues are incredibly important and are important success factors for us but we did not see any urgency from the Azure team in helping us resolve them. Since these issues were going to lead to a major setback to our plans we had to take the decision to cancel our movement to Azure, completely for now and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Learned counsel appearing on behalf of the appellant submits that Mr. Meetul Patel is not the employee of the appellant but the employee of the Microsoft. Learned counsel for the appellant, however, accepts that the appellant has supplied the Microsoft software to the respondent Corporate Debtor. The Corporate Debtor brought the matter to the notice of the Microsoft authorities that there is a defect, which suggests that the dispute is relating to the quality of the goods supplied and the services rendered by the appellant. 5. Learned counsel for the appellant further submits that the respondent has accepted the liability but that cannot be a ground to admit the application filed under Section 9 there being an existence of disp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
