TMI Blog2018 (8) TMI 1958X X X X Extracts X X X X X X X X Extracts X X X X ..... f arbitration in the agreement, cannot be ground to hold that there is an existence of dispute. The other ground taken by the Appellant is that the Respondent was to prove the payment. A plea has been taken that all the transactions entered between the parties within the credit cycle of 180 days which is still substantive in view of invoices and, therefore, no amount is due as on date - HELD THAT:- Such plea cannot be accepted in view of the fact that there is an admitted debt in pursuance of invoices raised by Respondent, the Appellant has not paid the amount and defaulted. The Corporate Insolvency Resolution Process initiated stands restored - Time consumed because of pendency of appeals before this Appellate Tribunal and the Hon bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we noticed by our order dated 22.01.2018 which reads as follows: 2. The Respondent Macquarie Bank Limited ( Operational Creditor ) thereafter moved before the Hon ble Supreme Court in Macquarie Bank Limited Vs. Shilpi Cable Technologies Ltd. Civil Appeal No. 15135 of 2017, wherein the Hon ble Supreme Court set aside the order passed by this Appellate Tribunal and restored the order passed by the Adjudicating Authority. In view of the restoration of the original order, the Resolution Professional filed the present petition for clarification as to how the period of 180 days to be computed of completing the Resolution process . 3. On 15th January, 2018, this Appellate Tribunal passed following order: Let notice b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. While we deprecate such prayer, as last chance grant time to the learned counsel for the appellant(s) to address on the other issues, if involved in these appeals. Post the matter for admission (After Notice) on 11th May, 2018 at 2.00 P.M. on the top of the list. 5. Today again time has been sought for by the learned Counsel for the Appellant for adjournment. However, as this is not a regular Bench and after remand by the Hon ble Supreme Court on 15.12.2017, the matter is pending since long, we refused to grant any more adjournment. 6. Learned Junior Advocate appearing on behalf of the Appellant submits that he has no instruction to argue the appeals. Therefore, we have gone into merit of the appeals to find out any other g ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
