TMI Blog2020 (1) TMI 1530X X X X Extracts X X X X X X X X Extracts X X X X ..... s made or not or whether the respondent was entitled to adjust the retention amount are disputed question of facts. The Corporate Debtor, prima facie has been able to corroborate the existence of a prior dispute which the petitioner had withheld. The factum of the retention amount being adjusted was also within the knowledge of the petitioner and therefore amounts to a prior dispute - The right to recover the retention money or any further outstanding liability being a contentious issue cannot be decided by this Bench in a Resolution petition. In view of pre existing dispute resolution cannot be permitted - Prayer for initiating CIR of the Respondent stands rejected - Application dismissed. - IB-49(ND)2019 - - - Dated:- 30-1-2020 - S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... porate debtor. 3. Upon the Demand notice dated 28.11.2018 being issued u/s 8 of the Code, the Corporate Debtor sent a reply, refuting any liability to pay. 4. The petition has been filed in the required format duly complying with the requirements under the Code. 5. The Corporate Debtor on being served in this case has filed its reply. It is their case that the contents of the petition are wrong as a full and final settlement had already taken place between the parties on 07.10.2015. The question of any further claim therefore did not arise. It is also their case that the retention money of ₹ 6,74,247/-had been adjusted on account of defects in the work carried out under the defect liability period. This was duly intimated to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final bills certification for All the works done by us at your New Delhi Hotel till date We have completed All the works successfully in your Hotel The Lalit New Delhi at New Delhi against All the work orders referred above and also accepted for the last payment against 5th And final Bill for STP work and accepted for a full and final value for ₹ 1,21,73,542 exclusive of vat, Service tax, as applicable (subject to the receiving of final payment against current bill) On receipt of the payment against the bill, our entire account stands settled in full and final for All the orders and we have no claim of whatsoever nature outstanding against the company. We further confirm that we will not raise any claim at any time in future ..... X X X X Extracts X X X X X X X X Extracts X X X X
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