2019 (8) TMI 685

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....cal Member Ms. Prachi Johri  for the appellant. Avneesh Garg  for the respondent. JUDGMENT The Appellant claiming himself to be Operational Creditor filed Petition - IB No.710(ND)/2018 TA No.06/2018 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC - in short) before the Adjudicating Authority (NCLT), Jaipur Bench, Jaipur. He claimed that there was an operational debt....

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....the IBC and then Application was filed before the Adjudicating Authority. The Respondent entered appearance before the Adjudicating Authority and filed Reply disputing that any such Notices were sent or received. It was also claimed (Reply para - 21) that the supply order being relied on for claiming the commission related to "PLB HDPE Duct" and not "PLP Duct Pipe" and that the Appellant was makin....

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....LB" actually means "Permanently Lubricated". Against this, the learned Counsel for the Respondent referred to the Reply filed before Adjudicating Authority and submitted that these are two different types of products and the Appellant cannot try to claim commission relating to product which is not mentioned in the Agreement on which the Appellant is trying to rely on. Respondent is also arguing th....

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....ply order with the Respondent, was relating to "PLB HDPE Duct" and its accessories. Appellant is now claiming that PLP Duct mentioned in the Agreement should have been written with complete description, which remained, and claims that PLP Duct is same product as "PLP HDPE Duct". On hearing Counsel and perusing Impugned Order, we are unable to accept the submissions of Appellant. Appellant has fail....