2018 (9) TMI 1892

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....re the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, which by impugned order dated 11th October, 2017 dismissed the application on following grounds:- (i) the demand notice under Section 8(1) was issued by an advocate; and (ii) there is an existence of dispute. 2. The plea taken by the Respondent (Corporate Debtor) with regard to existence of dispute has been noticed by the Adjudicating Authority, which reads as follows:- "9. The second and main contention of the respondent is that since the respondent already raised a dispute as against the claim of the applicant and issued reply notice raising the dispute already pending in between the applicant and the respondent the instant....

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.... given against each consignment and issue credit notes in our favour accordingly." (Annexure - A at page 14 in the reply affidavit). In the reply notice issued by the respondent on 23.03.2017 (Annexure G) also very same challenge was raised by the respondent against the supply of the goods received by the respondent. Annexure E is the copy of the notice issued by the applicant under section 271 of the Companies Act, 2013 demanding Rs. 131,20,165/- with interest @ of 18% to the respondent on 12.01.2017. Annexure F is the reply issued by the respondent to the applicant contending that respondent is not able to utilize the waste paper because the paper supplied was unusable waste paper. The contention of the respondent that a dispute ....

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....eports the material quality has been shown as 'normal'. For example - Reports dated 17th May, 2015, 12th August, 2015, 15th August, 2015 (two reports), 16th August, 2015, 19th August, 2015, etc. are normal. The two reports dated 12th August, 2015 (page 326) and 15th August, 2015 (page 332) reads as follows:- 8. However, only in one of the Raw Material Quality Analysis Report dated 13th August, 2015 (page 329) it is mentioned that the material received has 35% mixed, which is as follows:- 9. From the records following fact emerges:- (i) So far as the invoices raised between 16th April, 2013 to 8th May, 2014, there is no quality report on the record. (ii) The record of dispute brought on record by the Responden....

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....ed with aforesaid observations and actions. However, there shall be no order as to cost. ============= Document 1 Date 124 8120 15. AJI PAPER @ NEWSPRINT PVYT. LTD. Manikpara, Jhargram, Paschim Medinipur - 721512 (W.B.) Phope No. 03222.-230684.230505, Fax 230538 | Raw Materials Quality Analysis Report Date 1उ3108/4:5 एन टब No. - ) न क क No [__5 _(: Date 12/08/ 4 | Raw Materiars m ) PR @fl S T ]| | ualiey न तद /1' 13 of Consignment Matenals - व Ex. Note Book Remarks Antique Copies | % Duli Shade Old Copies | %o Records |' | * E{' Unusabie I | White Cutting Unusable 3 Records BN 21 - D v ह 2 L L ह | Unusable AR | 4 _1Old Books g | - TRy दय econied à....