2022 (11) TMI 1152

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....gainst the Order dated 13th July, 2022 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench, Kolkata). By which Order, the Application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the Appellant has been dismissed. 3. The Appellant's claim was based on an Agreement with the Corporate Debtor to receive ten percent (10%) of the commission of sale of goods to M/s. Shapoorji Pallonji & Co. Ltd. Appellant's case is that payments which were due under the commission, ten percent was not paid hence notice under Section 8 was issued demanding the amount on 07.09.2019. Thereafter, Reply was also received on 25.09.2019. Another Demand Notice has been issued on 12.10.2020 under Section 8 of ....

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....g a notice of dispute on 04.11.2020. In the Reply Notice, which is a notice of dispute, following has been categorically stated: "At the very outset, we would like to inform you that your Demand Notice is completely misconceived, vague, baseless, bad in law, devoid of any merit and frivolous and we deny and dispute your claim in totality. We do hereby place on record that you are no way entitled to receive any amount from our company and you are not a creditor of us in any manner. You are not an operational creditor and there is no operational debt and you have not provided any service to us. You have claimed an alleged amount of Rs. 1,45,21,506.85 on the ostensible reason, that you were responsible to ensure sole of both ....