9911796707
TMI Blog2022 (2) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... Debtor and the Adjudicating Authority did not commit any error in rejecting the Application under Section 9. There is no merit in this Appeal - appeal dismissed. - Comp. App. (AT) (Ins.) No. 115 of 2022 - - - Dated:- 4-2-2022 - [Justice Ashok Bhushan] Chairperson , [Dr. Ashok Kumar Mishra] Member (Technical) And [Dr. Alok Srivastava] Member (Technical) For the Appellant : Mr. Saurabh Jain, Mr. Prayag Godha, Advocated For the Respondent : Mr. Anand Chhibbar, Senior Advocate with Mr. Vaibhav Sahni, Advocate ORDER (Through Virtual Mode) Heard Learned Counsel for the Appellants. 2. This Appeal has been filed against the order dated 16.07.20221 passed by the Adjudicating Authority (National Company Law Tribunal), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d notice dated 02.01.2019 to the corporate debtor, however, submits that the said warning notice was duly answered by the petitioner and hence, it cannot be said that there was a pre-existing dispute between the parties. It is not in dispute that the respondent-corporate debtor vide Annexure 5 warning notice has raised serious allegations of breach of the contract, malpractice, defective and substandard supply of machinery and threatened to revoke/cancel the contract between the parties. The petitioner failed to show the settlement of those disputes either before issuance of the demand notice or thereafter. In the absence of the same, it is to be concluded that there is a pre-existing dispute between the parties and that the CP is liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll, have been noticed and your team has been apprised of the same from time to time. However, no remedial corrective measures have been taken at your end for rectifying the defects. It seems that you have no intention to honour the contracts in the manner committed by you. We have taken a strong exception to your various acts of omission and commissions relating to the execution of the contract as a consequence of which we are suffering day to day hardship in our operation. Therefore, consider this letter as a warning notice to you that in case all the defects relating to the machinery, fabrication work and supply is not rectified and the balance material is not supplied at the site within 48 Hours from the date of receipt of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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