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TMI Blog2018 (6) TMI 1061X X X X Extracts X X X X X X X X Extracts X X X X ..... he amount has been repaid but such submission being not based on record cannot be accepted. 1st respondent has enclosed the copies of the cheques to show that a sum of ₹ 1,34,00,988/- were paid in favour of the ‘corporate debtor’. This fact has not been disputed by the ‘corporate debtor’. The case of the appellant being covered by the decision of this Appellate Tribunal in “Nikhil Mehta & sons vs. A.M.R. Infrastructure [2017 (8) TMI 1017 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] - Company Appeal (AT) (Insolvency) No. 185 of 2017 - - - Dated:- 20-3-2018 - Mr. S.J. Mukhopadhaya And Mr. Bansi Lal Bhat, JJ. For The Appellant : Mr. S. Gosh and Mr. Abhishek Nahata, Advocates Mr. Arvinder Kumar, Chartered Accountant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mega Soft Infrastructure Pvt. Ltd. (corporate debtor), relevant portion of which reads as follows: AGREEMENT This agreement is made at NOIDA on 26th day of June, 2014 but agreement is effective from 01st day of June 2014 by and between : M/s. Mega Soft Infrastructure (P) Ltd. a company incorporated under the Companies Act, 1956 having its Corporate Office at No. 16-17, First Floor, C Block Market, Sector 41, NOIDA 201301 through its Director Shri Mahesh Kumar Pawar (who is empowered to execute this agreement vide its resolution dated 30.05.2014, (hereinafter called the First Party , which expression shall, unless it be repugnant to the context of meaning therefore, be deemed to include their legal heirs, successors, repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, commitment, services rendered, appreciation etc. The First Party has handed over post dated Cheque No. 617815 dated 01.02.2015 amounting to ₹ 29,61,261/- Cheque No. 617818 amount to ₹ 1,04,39,727/- both drawn at Corporation Bank, Noida total amounting to ₹ 1,34,00,988/-(Rupees One Crore Thirty Four Lacs Nine Hundred Eighty Eight Only) to the second party in discharge of his liability and post dated cheques for interest of deferred payment applicable as per the agreement reckoning from 1st June 2014 as per details hereunder :- The details of cheque are given below:- Sl. No. Cheque No. Dated Amount Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land, building etc. of M/s. Megasoft Infrastructure (P) Ltd. in favour of the Second Party till the outstanding amount including interest is not paid in full. 4. The second Party shall have absolute right to claim from the assets belongs to M/s. Mega Soft Infrastructure (P) Ltd. against the settlement of unpaid amount including interest as specified in this agreement. 5. In case of prepayment which is made out of the outstanding amount before the scheduled time given in the agreement in that case for the adjustment of outstanding balance amount fresh agreement shall be drawn PDC cheques for the outstanding amount shall be issued. 6. That in case of any dispute, the same shall be referred to the arbitration of CA.B.L. Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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