TMI Blog2022 (6) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... cate For the Respondent : None JUDGMENT (Virtual Mode) KANTHI NARAHARI, MEMBER (TECHNICAL) Preamble: The Present Appeal is filed against the Order dated 10th March, 2022 passed in CP (IB) No. 17/BB/2018 by the Adjudicating Authority/National Company Law Tribunal, Bengaluru Bench, Bengaluru, whereby the Adjudicating Authority dismissed the Application filed by the Applicant/ Appellant herein. Brief Facts: Appellant s Submissions: 2. The Learned Counsel for the Appellant submitted that the Appellant is in the business of water proofing, structural rehabilitation, fabricating and erection of structural steels etc. The Appellant filed an Application before the Adjudicating Authority on 09.01 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent should have made payment within 30 days after retaining the retention money. 5. The Respondent instead of making the payment, however, by its letter dated 03.03.2016 after expiry of more than one year and six months pointed out certain defects as an after thought to deny the payments to the Appellant and by the said letter the Respondent intend to raise the disputes as existed between the parties, however, the said disputes are illusory, spurious and hypothetical. 6. The Appellant sent demand notice in Form-3 dated 27.12.2017 to the Respondent and the Respondent did not reply to the demand notice. 7. The Learned Counsel for the Appellant submitted that the Hon ble Adjudicating Authority dismissed the Application on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after hearing the parties and after considering the pleadings documents filed there at dismissed the Application filed by the Appellant on the ground that there were pre-exiting disputes between the parties. The Appellant issued demand notice under Section 8 of the I B Code on 27.11.2017 (Page 42 of the Appeal paper book) demanding a sum of Rs. 39,84,587/-. In the application, the Appellant claimed an amount of Rs. 66,82,795/- at Part IV of Form-5. However, prior to the demand notice dated 27.11.2017 the Respondent Company vide its letter dated 03.03.2016 addressed to the Appellant at page 127 of Volume-1, whereby the Respondent clearly stated as under: Letter No: NHDPL/NCS/SVBC/2016-17/0001 Dt: 3/03/2016 To M/s. Sree V ..... X X X X Extracts X X X X X X X X Extracts X X X X
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