9911796707
TMI Blog2020 (1) TMI 1497X X X X Extracts X X X X X X X X Extracts X X X X ..... 8(1) was issued by the Operational Creditor on 10th June, 2017, the email dated 30th September, 2016 is much prior to demand notice, which shows that quality material was not supplied and it was substandard. Though by letter dated 14th February, 2017, the Corporate Debtor has said that they will make payment but letter dated 10th July, 2017 shows that sales proceeds could not be realized by the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dated:- 7-1-2020 - Justice S. J. Mukhopadhaya Chairperson and Justice Bansi Lal Bhat Member (Judicial) For the Appellant: Mr. Abhigyan Choudhury and Mr. Ateendra Saumya Singh, Advocates. For the Respondent: Mr. Pranav Chadha, Mr. Arvind Kumar Gupta and Ms. Henna George, Advocates, Mr. Amit Bhatnagar and Mr. Gautam Singhal, Advocates for IRP. O R D E R Pursuant to applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the Respondent (Operational Creditor) by Letter of Guarantee dated 14th February, 2017, the Corporate Debtor confirmed payment without any objection and delay, which is as follows:- 4. Reliance has also been placed by learned counsel for the Respondent on Letter dated 10th July, 2017 to support that the Corporate Debtor was ready to pay the dues, as extracted below:- 5. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Operational Creditor that the Corporate Debtor admitted the claim, cannot be adjudicated by the Adjudicating Authority in an application under Section 9 of I B Code as it cannot decide the claim or counter claim being not Court of competent jurisdiction. It is required to be seen that prior to issuance of demand notice under Section 8(1) is there any dispute. 8. In the present case there being ..... X X X X Extracts X X X X X X X X Extracts X X X X
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