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TMI Blog2019 (12) TMI 1658X X X X Extracts X X X X X X X X Extracts X X X X ..... icial) And Justice Venugopal M, Member(Judicial) Present: For Appellant: - Mr. Ramji Srinivasan, Senior Advocate with Mr. Yash Patel, Ms. Sumiti Vadera and Mr. Abhishek Prakash, Advocates. For Respondent: - Mr. Ashwini Kumar, Senior Advocate with Ms. Gauri Rasgotra, Mr. Sumit Attri, Mr. Karan Khanna and Ms. Sanskriti Bhardwaj, Advocates JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J. The Appellant- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere incomplete. In any case, if there is incomplete record then the time should have been allowed by the Adjudicating Authority instead of rejecting it. 3. Further, according to the Appellant, there is no pre-existence of dispute. 4. It was submitted that the Respondents admitted in letter dated 6th September, 2010 that it is facing 'financial difficulties' and requested the Appellant not to cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anuary, 2012, it was submitted that the Respondent agreed to pay all bills and asked the Appellant to await the restructuring by BIFR. No dispute was raised. The Respondent never raised any formal dispute in this regard though a time of more than 7 years have passed from the date of its email dated 24th January, 2012. 8. From the stand taken by the Appellant, it is clear that the claim under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to Section 13(2) of the SICA, 1985, no recovery can be made. While raised such dispute, the 'Corporate Debtor' informed that it agreed to pay all bills and requested the 'Operational Creditor' to wait for the payment of old bills till restructuring is agreed upon by the 'Board for Industrial and Financial Reconstruction'. 10. If letter dated 4th January, 2013 is also taken into consideration a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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