TMI Blog2021 (4) TMI 589X X X X Extracts X X X X X X X X Extracts X X X X ..... es, the Corporate Debtor raised various issues including that Operational Creditor failed to complete the project in time and whatever Operational Creditor worked-the project was found not working. Thus there is already pre-existing dispute between the parties with regard to services rendered. This being so, the submissions of the Learned Counsel for the Appellant that these disputes raised were concocted or that they were irrelevant cannot be decided in summary proceeding under Section 9 of IBC. There is no substance in the Appeal - appeal dismissed. - Company Appeal (AT) (Ins.) No. 823 of 2020 - - - Dated:- 12-4-2021 - [Justice A.I.S. Cheema] Member (Judicial) And [Dr. Alok Srivastava] Member (Technical) For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onth. The Appellant was sending invoices through e -mail at the end of the month. After July 2017, payments were infrequent and partial. The Appeal refers to some efforts made with regard to entering into formal agreement and exchange of draft in that regard. According to the Appeal, Respondent sent various e -mails on 15.08.2017 raising unfounded and unreasonable issues. The Appellant addressed those issues of the Respondent in various emails, vide email dated 15.08.2017, email dated 15.08.2019, email dated 16.08.2017 and email dated 17.08.2017. According to the Appellant, thereafter the Corporate Debtor did not raise issues with regard to the invoices. According to the Appellant, demand was made to the Respondent on 04th November, 2017 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave gone through the record. The Adjudicating Authority took into consideration Judgment in the matter of Mobilox Innovations Pvt. Ltd. Vs. Kirusa Software Pvt. Ltd. 2017 1 SCC Online SC 353. After discussing the record, the Adjudicating Authority observed in Paragraphs 38 and 46 as under: 38. Since the reply to the demand notice has been received by the Operational Creditor, therefore, at this juncture, we would like to go through the reply to the demand notice. We have gone through the reply filed by the Corporate Debtor in response to the demand notice and we find that the Corporate Debtor at internal page of reply to be demand notice, which is at page 161 of the paper book, clearly mentions that the legal notice through its Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in delivery and incomplete product. Therefore, a discussion needs to be initiated to evaluate the damages and measure adequate remedy for such damages. So please set a date for further discussion and arbitration mutually, otherwise we will be forced to involve legal council to make things happen. Do not sell our software, which is our property, any such attempt whatsoever will be considered breach of trust. You shall be liable for damages as well as injunctive relief because of the irreparable harm caused by your actions. 7. Apart from this, there are notices at Annexure A33 and A34 which according to the Appeal were sent by Advocate of Corporate Debtor in March and April, 2018 in which notices, the Corporate Debtor rais ..... X X X X Extracts X X X X X X X X Extracts X X X X
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