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TMI Blog2018 (5) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant : Mr. Atul Kumar, Advocate For The Respondent : Mr. Naresh K. Daksh, Advocate. ORDER This appeal has been preferred by Appellant- M/s. AS Technosoft Private Limited ('Operational Creditor') against the order dated 3rd November, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, New Delhi, whereby and whereunder the application preferred by the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o instructions to say that since you breached the contract and have taken/ charged excess payment from my Client even without having complied with the terms of contracts, you the addressee are bound to refund the said amount of Rs. 1.55 Crore to my Client and further, you the addressee also liable to make good all the losses sustained to my Client due to such defective, fraudulent and negligent se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chnologies Pvt. Ltd. and the Appellant for sending e-mails. Later on, M/s. Awari Technologies Pvt. Ltd. intimated the Appellant that the payment will be made by the Respondent- M/s. Goldsquare Sales India Pvt. Ltd. therefore, the Advocate notice given by M/s. Awari Technologies Pvt. Ltd. relates to the e-mail supply for which the payment is due from the Appellant which shows substandard quality of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has been made. Payments have been made against some of the bills and TDS has been deducted. 7. From the aforesaid facts, it is clear that there is an 'existence of dispute'. For the said reason, we are not inclined to interfere with the impugned order dated 3rd November, 2017 passed in Company Petition No. (IB) 386 (ND)/2017. In absence of any merit, the appeal is dismissed. However, in the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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