2019 (8) TMI 1034

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.... November, 2018 passed by the Adjudicating Authority (NCLT), Mumbai Bench admitting application under Section 9 filed by the Respondent - Fairmacs Shipping & Transport Services Pvt. Ltd. (Operational Creditor) against the 'Corporate Debtor'. 2. Learned Counsel for the Appellant submits that there is a pre-existing dispute and for that the application under Section 9 was not maintainable. Reliance has been placed on e-mails communicated between the parties including the e-mails dated 14th February, 2015 and 9th February, 2015. 3. Learned Counsel appearing on behalf of the Respondents submits that the aforesaid e-mails do not constitute any pre-existing dispute about the services rendered by the 'Operational Creditor'. It is also inform....

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....t docs on wrong address docket no.4457156044 docket received our office on 11.02.2015 time 3.23 PM. Same problem Our bank is 40 KM from our office and the bank's closing time is 3.30 PM. On 12th February you wasted my Petrol and time by not being able to explain the BG Clause to the bank manager at your end. Please advice now whose mistake is this? Our company is not going to bear this cost. It's solely your mistake that you didn't provided the correct information at the correct time. You cannot manage your work properly and you blame us for this is not acceptable. If you do not agree with me come to my office on Monday and we will sort this out with a meeting with CMD sir. Thanks & Regards, Tejas Kharade Export E....

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....ttp://www.trimurticorns.com> www.trimurticorns.com" 5. Learned Counsel for the Appellant agreed that there is no separate agreement existing between the parties, but according to him the Bank Guarantee and the Custom Clearance matter was to be dealt by the 'Operational Creditor'. Bank Guarantee was required by the 'Corporate Debtor' for participation in the Export Promotion Capital Goods Scheme (EPCG Scheme). Though, submissions have been made, but it is not disputed that the Custom Clearance etc., which are required to be made by the 'Operational Creditor' were cleared and the services were rendered by the Respondents. Thus, we find that there is no dispute about deficiency of service rendered by the Respondents. So far as, clearance of....