2022 (2) TMI 253

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....ed Counsel for the Appellants. 2. This Appeal has been filed against the order dated 16.07.20221 passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, by which Application filed by the Appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016 has been rejected. The Application was filed by the Appellant claiming the outstanding payment amounting to Rs. 134.72 Lakhs including interest. The Adjudicating Authority issued notice to which Reply was filed by the Corporate Debtor. In the reply, Corporate Debtor has stated that there were pre-existing disputes between the parties and in support of the said, the Warning Notice dated 06.12.2018 and Legal Notice issued on 07.01.2019 were also brought on....

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....f the demand notice or thereafter. In the absence of the same, it is to be concluded that there is a pre-existing dispute between the parties and that the CP is liable to be dismissed on this ground. Hence, there is no necessity to go into other allegations and counter allegations made in the CP." 3. Learned Counsel for the Appellant submits that there was no letter issued by the Corporate Debtor regarding any deficiencies in the service with regard to Company at Lucknow and several letters were issued for demanding payments. The Adjudicating Authority has referred to the Warning Notice dated 06.12.2018 which has also been brought on the record at Page 83 of the paper book. The said Warning Notice was much before issuance of Section 8 no....