2018 (9) TMI 1044

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..... ate, non-completion of work, amount deductible for lead piping and non-removal of scrap material charges and exorbitant tonnage claim made by the appellant contrary to existing industry practices. All these disputes were raised by the respondent much prior to issuance of demand notice under Section 8(1) issued on 7th July, 2017. There is nothing on record to suggest any correctional measure was ta .....

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..... he appellant, Operational Creditor filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 which was dismissed by the Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench, Hyderabad by the impugned order dated 3rd July, 2018 giving rise to the present appeal. 2. Learned counsel appearing on behalf of the appellant submitted that though the claim of .....

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..... s nothing on record to suggest any correctional measure was taken by the appellant. On the other hand, respondent pleaded before the Adjudicating Authority that there is an existence of dispute . 4. There being disputed question of facts as to whether subsequently the scrap material were removed and exorbitant tonnage claim by the appellant was corrected or amount deducted or reduced, and as s .....

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