TMI Blog2020 (2) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... llant, i.e. 1% service charge on the total sanctioned term loan amount - The document submitted by the Appellants requires further investigation to prove its claim, which can't be done in summary proceedings. The Documents relied on are not sufficient to show engagement for service charge fixed, and the rate of service charge. There is nothing on record to show that the amount is due and payable. Thus, the Adjudicating Authority has rightly rejected the application filed u/s 9 of the 'I B' Code - Appeal dismissed. - Company Appeal (AT) (Insalvency) No. 859 Of 2019 - - - Dated:- 5-12-2019 - A.I.S. Cheema, Judicial Member Kanthi Narahari And V.P. Singh, Technical Member Gaurav Bahl, Adv. for the Appellant. Manu B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B' Code. The said notice was duly replied to by the 'Corporate Debtor' stating that no services were availed by the 'Corporate Debtor', neither any request was made by them to procure the sanction of loans. 4. The Adjudicating Authority has rejected the application on the ground that there is the existence of dispute regarding the outstanding amount claimed by the Applicant. There is no letter of engagement agreeing to pay the service charges of the sanctioned loan plus GST. The Adjudicating Authority has further held that 'Operational Creditor' has not filed any evidence to substantiate that the 'Operational Creditor' was engaged for their service. 5. The appeal has been filed mainly on the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med by the Appellant, i.e. 1% service charge on the total sanctioned term loan amount. 9. The Ld Counsel for the Appellant contends that appellants and Respondents communicated with each other about the proposal of sanctioning of loan by way of email, Whatsapp communications etc. Various WhatsApp communication is on record as Annexure A-5 A-6 which shows that the respondent further discussed the term loan amount, which may be required to be disbursed, which reflects that the corporate debtor took services. The document submitted by the Appellants requires further investigation to prove its claim, which can't be done in summary proceedings. The Documents relied on are not sufficient to show engagement for service charge fixed, and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
