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TMI Blog2019 (8) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... money cleared from the Corporate Debtor . In the absence of any pre-existing dispute, the Adjudicating Authority has rightly admitted the application under Section 9 and for that no interference is called for - appeal dismissed. - Company Appeal (AT) (Insolvency) No. 798 of 2018 - - - Dated:- 29-4-2019 - Mr S. J. Mukhopadhaya, Chairperson, Mr A. I. S. Cheema, Member (Judicial) And Mr Kanthi Narahari, Member (Technical) For The Appellant : Mr. Sameer Abhyankar, Mr. Amish Tandon and Mr. Ayush Beotro, Advocates For The Respondents : Mr. K.P. Toms, Mr. Saswat Patnaik, Mr. Anil S. Bish and Mr. Kartik Anand, Advocates ORDER This Appeal is against the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g List TSSC Shipment Trimurti Inv No140 Dear All, Detail argument about this Shipment going in the trailing mail: We sent the Checklist approval on 28.01.2015. Then we sent BG, EPCG Affidavit along with all import document handed over to Mr. Yogesh on 06.02.2015, Same day @ 11.30 AM we sent scan copy send to you for cross check (before handover the docs). Then you confirmed sent document is not valid because clauses require change on 09.02.2015. Same day 3 Pm You have send the revised document set and say process. Again 10.02.2015 you have confirm format is not correct send revised full document on 1.51 PM. Our bank is 40 KM from our office and the bank s closing time is 3.30 PM. Then we a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mailto:[email protected] [email protected] : Ashish Jawadekar ; mailto:[email protected] [email protected] Subject: RE: Invoice Packing List TSSC Shipment Trimurti Inv No140 Importance: High Dear Suresh Ref Inv no : 140, Dtd 20.01.2015 We have send Bank Guarantee EPCG bond as you explained which were 100 % duty for attached format we process document as per your suggestion. Today your are explaining that Bank Guarantee EPCG bond say 15 %. You said Custom required Bank Guarantee EPCG bond 100 % for clearance part Who will bear the cost of my wasted employee, conveyance, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that apart from the services rendered, this is also the job to be performed by the Operational Creditor to get the money cleared from the Corporate Debtor . 6. This apart, we have also noticed that stand taken by the Respondents that the Bank Guarantee and the Scheme related to some other work and not connected with the services rendered by the Appellant. 7. Thus, in the absence of any pre-existing dispute, the Adjudicating Authority has rightly admitted the application under Section 9 and for that no interference is called for. The Appeal is accordingly dismissed. 8. In view of the order passed, for the same ground, we also reject the Company Appeal (AT) Insolvency No.46 of 2019. Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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