9911796707
TMI Blog2023 (8) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... the Section 9 application of the Appellant, appearing at page no.298 of the paper book. The Corporate Debtor in the reply to the Demand Notice has refuted the claim of the Appellant as frivolous and baseless. The Corporate Debtor in the reply has given details of the work and the minutes dated 02.02.2018 and agreement which was entered on 10.02.2018 and signed on 19.03.2018. With regard to invoices which were issued subsequent to agreement between the parties details have been given by the Corporate Debtor. It was pleaded that the Operational Creditor was obliged to issue Credit Notes with regard to amount of Rs.12,58,782/-, which was never issued. With regard to settlement which was forwarded by the Corporate Debtor it has been pleaded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was replied by the Corporate Debtor by letter dated 27.05.2019 and raised dispute. Subsequent to that Section 9 application was filed by the Appellant in July, 2019 to which a reply was also filed by the Corporate Debtor. The Adjudicating Authority after hearing both the parties, rejected the application. The Adjudicating Authority in the order noticed that there being settlement between the parties on 19.03.2018, all dues prior to that stood paid and there were only two invoices after the said date and dispute has been raised regarding them and the application was rejected. 2. Learned counsel for the Appellant submits that the fact that settlement was entered between the parties dated 19.03.2018 was not relevant since the Appellant s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus, it was clearly agreed to between the parties that no., amount was due and nothing was payable to Lomash, as on 18.03.2018. As per the said agreement, the existing rates were reduced from 172 to Rs. 164.50 per sq.m with retrospective effect and for which Lomash was to issue credit notes, Lomash has not issued the credit notes till date. Be that as it may, the difference in the rates is Rs. 7.5 per sq.m., and applying the same to the works executed [174746 sqm], an amount of Rs. 12,58,782 became payable by Lomash to DEPL for the said rate difference. h) It is further stated that that Lomash has failed to complete the Micro-surfacing works, of an area of 13044 sq.m (after considering-75% variation as per work order). For the said are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Project, lenders [Banks/FIs) vide its letter dated 28.04.2019 informed DEPL that during its visit to the site, it has found many defects in the Microsurfacing work carried out by Lomash. The Lender's Engineer has raised serious objection to the sub-standard workmanship in the Micro-surfacing work has pointed out that longitudinal zig zag crocks were found on the road, road surface at many; places was found to be damaged, excessive bleedings at the joints of the Microsurfacing layer was seen and various undulations were found on the road surface. A copy of letter dated 28.04.2019 is enclosed as Annexure C-1. l) In light of the above, DEPL addressed a letter dated 04.05.2019 to Lomash, wherein it informed Lomash about the defects ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... With regard to invoices which were issued subsequent to agreement between the parties details have been given by the Corporate Debtor. It was pleaded that the Operational Creditor was obliged to issue Credit Notes with regard to amount of Rs.12,58,782/-, which was never issued. With regard to settlement which was forwarded by the Corporate Debtor it has been pleaded in the reply that settlement was withdrawn subsequently by Corporate Debtor and the Operational Creditor owes an amount to the Corporate Debtor. 7. We are of the view that when Demand Notice issued under Section 8 is replied by the Corporate Debtor, which is notice of dispute raising the dispute regarding claim of the Appellant, the Adjudicating Authority has rightly not pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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