TMI Blog2017 (4) TMI 1510X X X X Extracts X X X X X X X X Extracts X X X X ..... rk. On the basis of the aforesaid dispute, the respondent asserted its right to appoint its Plant Manager as a sole arbitrator to decide the dispute However respondent afforded two weeks' time for completing the erection work and getting the wet scrubber properly commissioned from the date of receipt of the notice sent by speed post. Thereafter, the respondent initiated proceedings under Section 156(3) of the Criminal Procedure Code for registration of an FIR against the Applicant which has been dismissed by Judicial Magistrate on 11.04.2016. It is, therefore, evident that there is record of dispute, which is to the notice of the Applicant. The aforesaid record would be an impediment for initiation of insolvency process in view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s assured that the actual cost towards additional equipments would be paid. The project was completed and a trial run of the equipment/ additional equipment was given in the presence of the representative of the respondent, which was re-run on 12.04.2015 to the entire satisfaction of the respondent. The Applicant also attended the grievance of the respondent from time to time when complaint was received that the equipment was not working at its 100% capacity. It was on the basis of the equipment installed that the respondent secured the statutory environmental clearances to set up and operate the manufacturing facilities in respect of glass items on 22.05.2015. The respondents have been complaining about the functioning of the plant during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14,190/- filed a Petition under Section 156(3) of Cr. P.C. for registration of an FIR against the Applicant alleging nonperformance of the Work Order. The aforesaid Petition was dismissed by the Judicial Magistrate, Roorkee on 11.04.2016, which was registered at no. 34/2016. 5. The Applicant has claimed that it has procured information in response to RTI which discloses that the respondents were granted statutory environmental clearances i.e. the consent to setup and operate the glass manufacturing facility by the government departments on 22.05.2015, which was not possible in the absence of equipment installed by the Applicant. 6. On 08.02.2017, the Applicant issued a statutory notice for payment of operational debt amounting to S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 49,28,200/- from them and the aforesaid fact has not been disputed by the Applicant. In the aforesaid notice, the respondent further pointed out that as per the work order, the work has not been completed and false assurances were given by the Applicant to complete the work. On the basis of the aforesaid dispute, the respondent asserted its right to appoint its Plant Manager as a sole arbitrator to decide the dispute However respondent afforded two weeks' time for completing the erection work and getting the wet scrubber properly commissioned from the date of receipt of the notice sent by speed post. Thereafter, the respondent initiated proceedings under Section 156(3) of the Criminal Procedure Code for registration of an FIR ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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