TMI Blog2019 (1) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... emonstrate that before Section 8 Notice was issued any dispute existed, we find no propriety in sending back this matter to the NCLT. The Appellant in spite of having Notice and knowledge of the proceeding cannot sit on the hedge to take advantage of the technical requirement of Adjudicating Authority sending a Notice through its mechanism. The Appellant had sufficient Notice and still chose not to appear before the Adjudicating Authority. We do not find that remitting back the matter will serve any purpose. The application has been rightly admitted by Adjudicating Authority. 8 - Company Appeal (AT) (INS) No.268 of 2018 - - - Dated:- 30-11-2018 - Mr A.I.S. Cheema, Member (Judicial) And Mr Balvinder Singh, Member (Technical) For The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Operational Creditor over telephone. The Appeal refers to the payments made and it is stated in para XVIII as under:- ( XVIII) That it is also stated that the Corporate Debtor is a solvent company and ready and willing to clear its debt so far as the undisputed amount of ₹ 1,14,41,776.61/- is concerned. Had notice been issued, the said fact would have been brought to the notice of the Ld. Adjudicating Authority. In fact, the Appellant is still in talks with the Respondent No.1 and want to maintain good professional relation and further clear the debt. 5. The Appeal accepts that the Operational Creditor had sent legal Notice dated 22.06.2016 and 19.09.2016 (copies of which have been filed by the Respondent No.1 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the postal receipt printed on the same document shows that the Notice was booked only on 20.07.2017 which is after the Annexure-A8 Section 8 Notice dated 13.07.2017 was sent by the Operational Creditor by e-mail and speed post. Receipt of such Notice under Section 8 has not been denied. Thus, no existing dispute has been shown and the paragraph extracted (supra) from the Appeal itself shows that the amount outstanding was not disputed. At the time of arguments, learned Counsel for the Appellant tried to refer to various invoices relating to supplies to show the payments made as adjusted towards certain invoices and not the 5 invoices stated by the Operational Creditor. We find that this is not material as the basic amount of default of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt No.2 was in receipt of letter dated 13.11.2017 issued by Veritas Legal, Advocates Solicitors informing that the matter will be listed before NCLT, Mumbai Bench on 20.11.2017 and where Respondent No.2 may remain present for hearing, if so desired. The argument of the learned Counsel for Appellant is that Veritas Legal was not the filing authority of the application in NCLT and nor was it authorised by any Board Resolution to act on behalf of the Operational Creditor and thus, such Notice by Veritas Legal could not be said to be proper service of Notice. The Appellant has accepted that another e-mail was sent through one Areez Gazdar of the said Veritas Legal on 15.11.2017 to the Corporate Debtor stating that Notice of hearing is attache ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of which, if the same had been shown to the Adjudicating Authority, the result of the proceeding under Section 8 and 9 of the Code could have been different. Looking to the admitted facts in this matter and where we find that there is no dispute regarding the amount due and as we find that the Appellant is unable to demonstrate that before Section 8 Notice was issued any dispute existed, we find no propriety in sending back this matter to the NCLT. The Appellant in spite of having Notice and knowledge of the proceeding cannot sit on the hedge to take advantage of the technical requirement of Adjudicating Authority sending a Notice through its mechanism. The Appellant had sufficient Notice and still chose not to appear before the Adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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