9911796707
TMI Blog2023 (8) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... ich delay was caused. Sufficient cause shown. Delay is condoned. Heard Learned Counsel for the Appellant. 2. This Appeal has been filed against the order dated 06.06.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench-V by which order the Adjudicating Authority admitted Section 9 Application filed by the Operational Creditor. The Operational Creditor filed Application claiming an amount of Rs.1,21,73,639/- as operational debt. The Adjudicating Authority issued notice to the Corporate Debtor and asked the Corporate Debtor to file Reply. Inspite of serving of the notice, the Corporate Debtor did not appear and Corporate Debtor sent an e-mail to the Operational Creditor that they are looking forward to set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter. On 01.07.2021, none appeared on behalf of the Corporate Debtor. However, counsel for the Operational Creditor submitted before the Bench that he had received an Email from the Corporate Debtor side stating that they are looking forward to settling the matter and are in a dialogue with the banker to get financial assistance. Thereafter, the matter was again listed on 13.12.2021. None appeared on behalf of the Corporate Debtor. However, the counsel for the Operational Creditor submitted before the Bench that they have received an Email from the Corporate Debtor acknowledging the liability and offering to settle the outstanding debt. 6.4 The matter was listed on 20.09.2022. This Bench ordered Court Notice dated 27.09.2022, to be served ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... states that, it is pertinent to note that, after the Tri Party agreement dated 29/11/2019 executed between you no.1, our client firm and one M/s. Akaar Founders Pvt Ltd, for the clearance of due pending amount from you no.1,2,3,4 and no.5, M/s. Akaar Founders Pvt Ltd disbursed our client firm payment of Rs. 10 Lakhs for and on behalf of You no.1, same has been acknowledge by our client and same has been deducted by our client from total outstanding and net outstanding as on date is of Rs. 1,01,91,060/-(Rupees One Crore one Lakh, Ninety One Thousand and Sixty Only), since then You no. 1,2,3,4 and no.5 did not cleared outstanding amount towards our client." 8. In paragraph 11, the claim of the Operational Creditor was Rs.1,01,91,061/-. Thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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