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TMI Blog2018 (6) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... o overcharging. Counter claim was also made by Respondent. Such dispute having raised by Respondent in December, 2015, we are not inclined to accept the plea taken by the Appellant. We find no merit in this appeal. It is accordingly dismissed. - Company Appeal(AT)(Insolvency) No. 237 of 2018 with Company Appeal(AT)(Insolvency) No. 238 of 2018 - - - Dated:- 24-5-2018 - Mr. S.J. Mukhopadhaya And Mr. Bansi Lal Bhat, JJ. For The Appellant : Mr. Dhruv Mehta, Senior Advocate assisted by Mr. K. Datta and Ms. Prachi Johri, Advocates For The Respondent : Mr. Sunil Dalal, Mr. Vivek Jain and Mr. Rajiv Singh Advocates ORDER This appeal has been preferred by the Appellant ( Operational Creditor ) against the order dated 05.04. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions sent by you concerning the rates being charged by airlines from you. We further call upon you to make good the loss suffered by our Client because of your above acts that may be amounting to ₹ 40,00,00,000.00 (Rupees Forty Crores) around. Taking into consideration the aforesaid legal notice, the Adjudicating Authority held that a case of overcharging was clearly preexisting. 3. Learned Counsel appearing on behalf of the Appellant submits that the Respondent deducted Tax at Source (TDS) and deposited with the Income Tax Department and thereby a frivolous dispute have been raised which cannot be accepted. Reliance has been placed on the decision of Hon ble Supreme Court in Mobilox Innovations Private Limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar issue fell for consideration before the Hon ble Supreme Court in Innoventive Industries Ltd. Vs. ICICI Bank and Ors . [(2018) 1 SCC 407] wherein Hon ble Supreme Court held: 29. The scheme of Section 7 stands in contrast with the scheme Under Section 8 where an operational creditor is, on the occurrence of a default, to first deliver a demand notice of the unpaid debt to the operational debtor in the manner provided in Section 8(1) of the Code. Under Section 8(2), the corporate debtor can, within a period of 10 days of receipt of the demand notice or copy of the invoice mentioned in Subsection (1), bring to the notice of the operational creditor the existence of a dispute or the record of the pendency of a suit or arbitratio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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