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TMI Blog2021 (12) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent No. 1 : Mr. Y. Suryanarayana, Advocate For Mr. Tushar Nagar, Advocate Mr. Badri Narayanan, Advocate Mr. Jash Shah, Advocate For Respondent No.2 : Mr. Anirudh Krishnan, Advocate ORDER (VIRTUAL MODE) Per: Kanthi Narahari Member (T) 1. The present appeal is filed against the orders passed by the Adjudicating Authority (NCLT, Hyderabad Bench-II, Hyderabad) in MA No.425 of 2021 in CP No. 187/7/HDB/2020, on 24.09.2021 whereby the Adjudicating Authority directed the Respondent/Appellant to pay the amount raised in the invoices in accordance with a binding contract which is in force, within a week so as to enable the applicant (1st Respondent herein) to provide the rail services subject to due payment without interruption to k ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed invoices dated 24.07.2021 for the services that was provided in the month of April, May and June 2021 by relying on the terms of transportation agreement dated 31.03.2014 ('2014 Agreement'). He submitted that the agreement has not been enforced by the parties since 2016. As a result of the unlawful action, the Appellant was being asked to make payment for supply of coal identified as Minimum Guaranteed Quantum of Coal i.e. 10 Lakh MT, which is almost three times more than the supply of coal actually being delivered to KSK Mahanadi. 5. The Learned Counsel for the Appellant further submitted that the 1st Respondent herein filed the Application (MA/425/2021) before the Adjudicating Authority against the Appellant herein seeking directions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invoices dated 19th October, 2021, 24th July 2021, 4th October 2021 and 2nd November 2021 for an amount of Rs. 99,58,87,533/- has been paid under protest. The actual amount payable by the Appellant for the actual quantity supplied is Rs. 24,76,06,770/- however the invoices raised by the Respondent for Rs. 99,58,87,533/- and the said amount has been paid under protest as per the invoices raised by the Respondents. It is submitted that the Appellants have paid in excess of Rs. 74,82,80,763/-. 7. The Learned Counsel for the Appellant submitted that in a similar case, this Hon'ble Tribunal on 01.10.2021 passed the Interim Order directing the Appellant therein to pay 50% of the outstanding dues to the Resolution Professional of the Respondent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order was passed on 24.09.2021 and the present appeal and applications came up for hearing only on 24.11.2021 after a period of two months therefore, there is no urgency in passing the Interim Orders in favor of the Appellant. He further submitted that this Hon'ble Tribunal passed the Interim Order in Company Appeal No.234 of 2021 on 01.10.2021 directing the Appellant therein to pay only 50% of the invoice amounts and the said Interim Order come to an end on 06.12.2021 therefore the Appellant cannot rely upon the order passed by this Hon'ble Tribunal. He further submitted that when the Interim Order was passed on 01.102.021 and 15.10.2021 in Company appeal No.234 of 2021, the Hon'ble Supreme Court had not yet passed its decision in Tata Con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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