2018 (8) TMI 2031

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... here is a separate claim made by the Corporate Debtor which was approximately ₹ 7 crore towards damages which was subsequently raised to approximately ₹ 14 crore, in such situation, question arises as to whether the Respondent is liable to pay any amount to the Appellant or if both demands are accepted then the Operational Creditor is required to pay certain amount to the Corporate Deb .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Appellant submits that there was no dispute in existence as the claim made by the Respondent do not relate to supply of electricity. It is submitted that about ₹ 6 crore was due from the Corporate Debtor towards supply of electricity made by the Operational Creditor, which is not in dispute. Respondent claimed damage with regard to some other transaction for about ₹ 7 crore, which wa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ellant or if both demands are accepted then the Operational Creditor is required to pay certain amount to the Corporate Debtor? 4. In such case there being a dispute about the debt, the question of default does not arise. For the reason aforesaid, we are not inclined to interfere with the impugned order. The appeal is dismissed with aforesaid observation. No costs. - - TaxTMI - TMITax - In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X