9911796707
TMI Blog2022 (11) TMI 1452X X X X Extracts X X X X X X X X Extracts X X X X ..... hence, the dispute was very much there from the said date at least. Section 9 application was also objected by the Respondent and reply was filed raising dispute and refuting the claim of the Appellant. The Adjudicating Authority had come to the conclusion that there being pre-existing dispute application deserves rejection. The disputes pertaining to contractual issues are not to be resolved in Section 9 proceedings. Present is not a case where there is undisputed debt for which insolvency can be asked by the Appellant to be initiated. No error has been committed by the Adjudicating Authority in rejecting Section 9 application, there being a preexisting dispute - There is no merit in the Appeal - Appeal is dismissed. - HON'BLE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unter affidavit filed by the Respondent. The Adjudicating Authority considering the materials on record came to conclusion that there was a preexisting dispute, the dispute which was raised in letter dated 18.02.2015 regarding poor quality and deficiency in service reflect the same. The observations which have been recorded by the Adjudicating Authority in Para 9 of the impugned order are to the following effect: 9. We have heard the Ld. Counsels for both sides and perused the documents available on the matter. The O.C. has stated that the team of O.C. was called several times between the dates December 2014 to April 2017 for personal discussions and assurances made by the C.D. towards payment and also several telephone calls and commu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en no further correspondence in this regard. The Appellant - Operational Creditor was following for its payment and in 2018 when nothing transpired, notice under Section 8 was issued on 26.07.2018. Present is a case where entitlement of the Appellant was not denied. 3. We have considered the submissions of the Appellant and perused the record. 4. The Appellant was engaged for consultancy services and by letter dated 18.02.2015, which is a detailed letter, Corporate Debtor has informed the Operational Creditor regarding the poor performance of the consultancy service and loss of company business. The letter is a details letter where different items/instances were mentioned and the letter further clearly states that whole process of con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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