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TMI Blog2022 (11) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... ji and Pallonji Co. Ltd. The notice given under Section 8 captures the agreement and all the contents thereof. The notice was replied by the Corporate Debtor giving a notice of dispute on 04.11.2020. Under the scheme of Code, when Notice of Dispute has been issued and dispute raised is supported by any evidence and is not a moonshine defence, the Adjudicating Authority is not to entertain Section 9 Application and reject the Section 9 Application. The Notice of Dispute clearly held that no material was sold to M/s. Shapporji and Pallonji Co. Ltd. The dispute which has been raised is a genuine dispute which required further investigation, cannot be subject to a Section 9 Proceeding. It is always open for the Appellant to seek his reme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020 denying the claim and it was submitted in the Reply Notice that Appellant is not entitled for any payment since the project was never awarded by M/s. Shapoorji and Pallonji Co. Ltd.. The Adjudicating Authority issued notice and after hearing the parties, has dismissed the Section 9 Application. 4. Learned Counsel for the Appellant challenging the Order contends that Appellant was entitled to receive ten percent commission by virtue of contract between the parties and further there was acknowledgement issued on 20th February, 2019 by email where five percent of the commission was offered to be paid. Learned Counsel for the Appellant submits that contract which was awarded by the new Company M/s. Niveshan, New Delhi was a related co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n upcoming project at Pragati Maidan, New Delhi for an integrated Exhibition cum Convention Centre on Design Engineering procurement and construction basis. As per Clause 1 of Memorandum of Understanding (MOU) dated 1st June, 2018, wherein it was stated that the goods and services of our company are to be sold to M/s Shapporji Pallonji Co. Ltd., New Delhi or their related companies. We never sold any goods or provide any services to M/s Shapporji Pallonji Co. Ltd. New Delhi or their related companies. Therefore, you have failed to secure this contract from Shapporji Pallonji Co. Ltd., New Delhi. Ultimately we were able to get some orders in this project from another bidder, namely M/s. Niveshan, New Delhi, in respect of only pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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