9911796707
TMI Blog2019 (11) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... this case basing on the section 8 notice sent by the Operational Creditor, it is to be construed that dispute in respect to the break downs has remained in existence as on the date the Creditor issued Section 8 notice. When there is material disclosing existence of dispute even before section 8 notice is issued, it does not make any difference as to whether reply to section 8 notice has been given within 10 days or after 10 days. This Bench having come to a conclusion that dispute has been in existence as on the date section 8 notice was issued by the Operational Creditor, we hereby dismissed this Company Petition holding that dispute is in existence in between the parties as on 26.02.2018. Petition dismissed. - IBA/415/2019 - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.2018 10,17,750 UEPL/707/17-18 27.01.2018 13,27,500 UEPL/760/17-18 12.02.2018 13,27,500 RA/810/17-18 01.03.2018 9,77,755 RA/811/17-18 01.03.2018 3,42,200 Total 61,39,289 3. Out of the above said invoice amount of ₹ 61,39,289, the Corporate Debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Debtor u/s. 9 of IBC. 6. On receipt of this Section 8 Notice, the Corporate Debtor replied on 05.02.2019 i.e. after expiry of 10 days from the date of receipt of Section 8 Notice, stating that in January 2018 itself, some problems started to hinder the smooth functioning of the Rig and consequently the smooth progress of the projects and it is pertinent to note that the Corporate Debtor in its letter dated 26.02.2018 written to the Operational Creditor that it had brought out all those issues and perceived difficulties due to the faulty Rig, and about issues with the Panel Board and Kelly. 7. It has also been said that in the last two piles during the said month (January 2018), the Rig broke down 4 times and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which the Operational Creditor counsel canvassing as an acknowledgement, clearly disclosing that they would clear monthly payments as per the bills certified by their Project Manager including the advance that is to be recovered as per the conditions of our Work Order on or before 31.01.2018 saying that they have already paid ₹ 3,71,200 on 21.12.2017. Thereafter, another payment of ₹ 8,45,250 was made on 12.01.2018. 12. Subsequent thereto, this Corporate Debtor on 26.02.2018 wrote a letter to this Operational Creditor stating that the Corporate Debtor raised some issues in respect to the Operational Creditor rendering services, which is as follows in Para-2 and last Para of (Page No.39 of the Application) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws: some problems started to hinder the smooth functioning of the Rig and consequently the smooth progress of the projects and it is pertinent to note that my Client in its letter dated 26.02.2018 issued to the Operational Creditor had brought out all of the said issues and perceived difficulties due to the faulty Rig, more so due to issues with the Panel Board and Kelly. In the last two piles, during the said month (January 2018) the Rig broke down 4 times and the same would take upto 24 - 48 hours to resolve. Your client has been aware of the said issues which has caused a huge financial burden on my client . 14. By making these submissions, the Corporate Debtor counsel has concluded that whatever payments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 notice is issued, it does not make any difference as to whether reply to section 8 notice has been given within 10 days or after 10 days. 17. In this case, dispute with regard to the performance of work done by the operational creditor was disputed on 26.02.2018 itself, moreover by the time the corporate debtor wrote a letter on 5.01.2018, for there being no dispute and the dues payable by that time were already paid by the corporate debtor in the month of January 2018, the letter dated 5.1.2018 cannot be seen as acknowledgement for the invoices raised after 05.01.2018. Since the corporate debtor already raised dispute with regard to the invoices raised after 05.01.2018, that letter dated 05.01.2018 will not have any bearin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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