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2018 (5) TMI 691

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....Bansi Lal Bhat, JJ. For The Appellant : Mr. Atul Kumar, Advocate For The Respondent : Mr. Naresh K. Daksh, Advocate. ORDER This appeal has been preferred by Appellant- M/s. AS Technosoft Private Limited ('Operational Creditor') against the order dated 3rd November, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, New Delhi, whereby and whereun....

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....een informed as follows: - "6. I have also instructions to say that since you breached the contract and have taken/ charged excess payment from my Client even without having complied with the terms of contracts, you the addressee are bound to refund the said amount of Rs. 1.55 Crore to my Client and further, you the addressee also liable to make good all the losses sustained to my Client ....

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.... that the agreement was reached between M/s. Awari Technologies Pvt. Ltd. and the Appellant for sending e-mails. Later on, M/s. Awari Technologies Pvt. Ltd. intimated the Appellant that the payment will be made by the Respondent- M/s. Goldsquare Sales India Pvt. Ltd. therefore, the Advocate notice given by M/s. Awari Technologies Pvt. Ltd. relates to the e-mail supply for which the payment is due ....