TMI Blog2023 (5) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... e place from the date work start does not in any manner absolve the liability of the Appellant since acknowledgment was very much there. From the order of the Adjudicating Authority, it is clear that the debt was never disputed. Insofar as the question of Section 8 notice not being issued, on basis of which Appellant contends that there was no default, sufficient to notice that notice was issued to the Corporate Debtor in the winding up petition, subsequently which was transferred. The submission of learned counsel for the Appellant that no default was committed cannot be accepted. Thus, present is a case where debt was proved and default was committed by the Appellant - there are no error in the order the Adjudicating Authority admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dmission. Default ought to take place before Section 9 application can be admitted. He submits that a letter was sent on 07.08.2013 to the Operational Creditor, where the amount to be paid was noted. However, it was mentioned that amount shall be paid as and when the work starts. On 13.08.2013, reply was send by the Corporate Debtor accepting the conditions. It is submitted that the said letter clearly proves that the liability to make payment arose only when work starts. 3. Learned counsel for the Respondent refuting the submission made by the learned counsel for the Appellant submits that in the Reply filed in Section 9 application, only defense taken by the Corporate Debtor was that no notice under Section 8 has been issued, hence, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l shall be same as on records which I understand is approx. Rs.40,26,474.00. 3. It was also agreed that the work can be started with increased rates, over and above the Contract rates, and this increase will compensate for the lost period during which the work remain closed and the construction period assuming that it will take 14 months commencing w.e.f. 01.09.18. We plan to increase give you increase of 14% over and above the Contract rates and the Contract rates and the period will be revised accordingly. As regards your payments, we would like to say that we will definitely be able to pay your outstanding bill as and when the work starts, however, the other payments will come in installments which we can discuss. We wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2013 clearly contains acknowledgement of the debt by the Corporate Debtor. The submission which has been pressed by the Appellant is that the payment was to be made when the work starts. The said statement at best stated the time from when payment shall start, which was accepted by the Operational Creditor. The fact that payment was to take place from the date work start does not in any manner absolve the liability of the Appellant since acknowledgment was very much there. From the order of the Adjudicating Authority, it is clear that the debt was never disputed. 10. Insofar as the question of Section 8 notice not being issued, on basis of which Appellant contends that there was no default, sufficient to notice that notice was issued to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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