TMI Blog2018 (6) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The Adjudicating Authority though noticed the aforesaid existence of dispute but having failed to appreciate, we have no other option but to set aside the impugned order. - Company Appeal (AT) (Insolvency) No. 74 of 2018 - - - Dated:- 26-4-2018 - MR. S. J. MUKHOPADHAYA AND MR. BANSI LAL BHAT, JJ. For The Appellant : Mr. Pandey Neeraj Rai, Mr. Sangeet Rai and Ms. Rachitta Prinyanka Rai, Advocates For The Respondents : Mr. Sanjay R. Hegde, Senor Advocate assisted by Mr. Shrutank Sailakwal, Mr. Aras Tanvir and Mr. Pranjal Kishore, Advocates JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J. The respondent Technofac Contracts Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned order dated 12th January, 2018 and submitted that the Adjudicating Authority though noticed that the Operational Creditor was the contractor who left the work and abandoned the work altogether in September, 2014 and the work was sub-standard but in spite of the same admitted the application under Section 9 of the I B Code. 4. It was submitted that there being an existence of dispute , as evident from the date of communication between the parties, the application under Section 9 was fit to be rejected. 5. Learned counsel for the appellant relied on the emails which were brought to the notice of the Adjudicating Authority including the emails dated 17th October, 2013, 25th March, 2014, 4th August, 2014 and 12th May, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 10,000/- per day on the Operational Creditor w.e.f. 1st August, 2014. 8. The email dated 12th May, 2015 shows that the sub-standard work was performed and the work was not completed, as apparent from the said email , which is quoted below: Yatri Vihar yatrivihar@gmail.com To : F.K. Budhouliya technofac@yahoo.com CC: Upalghosh Associates, New Delhi uga@ugarch.com Dear Sir, We have reached the stage where we have started fixing the wooden flooring and carpets on the floor wherever required. We find that the IPS on the floors done by you have been done very badly and is coming out from different places with the result that the floor is not suitable for fixing of wooden flooring and car ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 6.15 crore. M/s. Technofac Contracts Pvt. Ltd. has maintained quality, workmanship and required specifications consistently throughout the period of construction. This certificate is issued on the request from M/s. Technofac Contracts Pvt. Ltd. For furnishing their credentials to their potential clients. We strongly recommend for entrusting them any prestigious and quality projects. We wish them all success. For Upalghosh Associates, sd/- ( Upal Ghosh) Partner 12. Learned counsel for the respondent accepted that it is not a legal document but a general certificate given for getting the benefit of order from other organisations. 13. From the aforesaid fact, we find that there is an exis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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