2019 (5) TMI 879

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....-5-2019<br>Company Appeal (AT) (INS) No.164 of 2019 - -<br>Insolvency & Bankruptcy<br>Mr S.J. Mukhopadhaya, Chairperson, Mr A.I.S. Cheema, Member (Judicial) And Kanthi Narahari Member (Technical) For The Appellant : Shri Ramji Srinivasan, Senior Advocate with Shri Rahul Jain, Ms. Smitakshi Talukdar and Ms. Sylona Mohapatra, Advocates For The Respondents : Shri Abhishek Anand and Shri Anant A. Pa....

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....ised and debt due and payable by the Corporate Debtor was of Rs. 40,41,763/- which included interest. Operational Creditor claimed that in spite of reminders, the debt was not cleared and Notice dated 29th May, 2018 under Section 8 of IBC was sent to the Corporate Debtor. According to the Operational Creditor, the Corporate Debtor thereafter on 30th June, 2018 claimed for the first time that it ha....

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....mposed penalty on the Corporate Debtor of USD 80,000 and the amount was deducted from the bill of Respondent No.2 (Corporate Debtor). The Appellant has pointed out that letter at Annexure - A3. The letter appears to be dated 15.08.2016. The Appeal claims that this issue was intimated by Respondent No.2 to Respondent No.1. The Appellant also relies on letter dated 20.11.2017 said to have been sent ....

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....dated 23rd December, 2017 informing that there was defective material. The Respondent No.1 has claimed that no evidence has been placed on record that any such letter was ever sent and delivered to the Operational Creditor. The Respondent No.1 claimed that such document has been fabricated. 6. Although the Appellant claims that the Adjudicating Authority did not give Appellant a hearing, the Imp....