Appeal Dismissed: Tribunal Affirms Pre-Existing Dispute, Upholds Rejection of Section 9 Application, No Error Found.

The Tribunal dismissed the appeal against the Adjudicating Authority's rejection of a Section 9 application, affirming the existence of a pre-existing dispute between the parties. The Corporate Debtor had previously denied liability through legal notices, indicating no amount was due, which substantiated the pre-existing dispute. The Tribunal found no error in the Adjudicating Authority's decision and upheld the dismissal. It noted that the Appellant could still seek resolution through appropriate proceedings as per the parties' agreement and applicable law.

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Issues Involved:
The judgment involves the rejection of a Section 9 application by the Adjudicating Authority based on the existence of a pre-existing dispute between the parties.

Summary:
The Appellant filed an appeal against the order rejecting the Section 9 application, which was based on a pre-existing dispute due to the termination of a Work Order between the parties. The Corporate Debtor had issued legal notices denying the claims made by the Appellant, stating that no amount was due or payable. Despite the Appellant's submission that the Respondent never disputed the claimed amount, the Adjudicating Authority found that a pre-existing dispute existed, as evidenced by the Corporate Debtor's denial of liability even before the demand notice was issued.

Upon considering the submissions and perusing the record, the Tribunal upheld the Adjudicating Authority's decision, stating that the existence of a pre-existing dispute was evident from the Corporate Debtor's denial of liability prior to the issuance of the demand notice. The Tribunal concluded that there was no error in the Adjudicating Authority's finding and dismissed the appeal. However, the Tribunal mentioned that the Appellant could pursue proceedings in accordance with the parties' agreement before an appropriate forum as per the law.

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