9911796707
TMI Blog2023 (11) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... he Demand notice under Section 8 was issued on 20.05.2019. It is already noticed the demand notice issued even prior to Section 8 notice to the Corporate Debtor, one of such notice is dated 28.02.2019, which was filed along with the Section 9 application which was promptly replied and refuted by the Corporate Debtor and in the detailed reply which has been submitted by the Corporate Debtor all claims were disputed. It was clearly stated that no amount was due and payable to the Operational Creditor. The Adjudicating Authority did not commit any error in holding that there is a pre-existing dispute. When the Corporate Debtor even prior to issuance of demand notice has denied liability to pay, pre-existing dispute was there - there are no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oubro Limited (hereinafter referred to as L T ) by resorting to dubious coercive methods including the present attempt of serving frivolous and scathing notices to its Key Management Personnel. All such dishonest and belligerent attempts to threaten, Intimidate and harass our Company's Key Management Personnel would entail penal consequences which your Client may be duly made aware of. In no uncertain terms we make it clear that no amounts much less the amount of Rs.1,80,81,534.35 is due or payable to your Client by L T on any account whatsoever. 2. The Appellant thereafter issued notice of demand under Section 8 on 20.05.2019 demanding amount of Rs.1,49,39,386/-, thereafter, Appellant filed Section 9 application. The Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontents of the last para of your Legal Notice are false and hence denied for the reasons stated hereinbefore. No amount is due and payable to your Client, much less the amounts of Rs.245955.25 and/or Rs.18081534.35/- as alleged or even otherwise. As no amounts are due and payable, therefore the payment of interest on any amounts, does not arise, at all. As such the question of payment of any amount or charges towards legal demand notice does not arise at all. It is denied that any compensation is payable to your Client, as the facts alleged by your Client are totally false and without any basis. 6. We are of the view that the Adjudicating Authority did not commit any error in holding that there is a pre-existing dispute. When the Corpo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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