9911796707
TMI Blog2023 (11) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... 4474 of 2023 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... made on stage basis and after completion of first stage, second stage would commence. There is no lapse on the part of the Appellant in providing the designs. It is submitted that although the Demand Notice was replied on 27.12.2019 but the Appellant has filed Rejoinder to the Reply filed in the Section 9 application where all issues were explained. 3. We have considered the submissions of learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayments were not made. 8. It is stated that through emails dated 25/04/2019; 09/05/2019; 26/04/2019; 30/04/2019; 03/05/2019; 04/05/2019; 06/05/2019 we have sent your company back to back reminders in order to proceed with further work as per schedule. However, there have been no response from your end. Further, through emails we had raised queries towards the technical fault at your company' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the same. However, your company just failed to return the said amount which were wrongly charged to us. That the said act at your end amounts to wrongful gain to yourself and wrongful losses to our company which is required to be viewed seriously. 10. It is stated that it seems that you approached us with an ulterious motive to deceive and cheat us. That based upon your assurances to be expert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute was raised immediately after 31.07.2019, which was much prior to the Demand Notice. The averments made in the Reply to Demand Notice clearly indicate that dispute was raised which cannot be a moonshine or not supported by any material. We are of the view that the Adjudicating Authority did not commit any error in rejecting Section 9 application on the ground of pre-existing dispute. There ..... X X X X Extracts X X X X X X X X Extracts X X X X
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