2023 (5) TMI 661

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....char, Advocates for R-2&3. ORDER Heard learned counsel for the Appellant as well as learned counsel for the Respondent. This Appeal has been filed against order dated 07.07.2020 by which the Adjudicating Authority has admitted Section 9 application filed by the Operational Creditor. In this Appeal, when the Appeal was taken, the submission was raised by the Appellant that before filing the Section 9 Application Section 8 notice was not issued, hence, the admission order could not have been passed. A two Member Bench referred two questions to the Larger Bench, which has already been answered on 21.02.2023 holding that in the facts of the present case no notice under Section 8(1) was necessary for filing Section 9 application. After the a....

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....es were also issued and subsequently, the Winding up Petition from the High Court was transferred to NCLT, Cuttack as per the Companies (Transfer of Pending Proceedings) Rules, 2016. 7. The letter on which much reliance is placed by learned counsel for the Appellant is letter dated 07.08.2013 which provides as follows: "Dear Sh. Bharadwaj Ji, This refers to my discussion with you on telephone on 03.08.13 and 05.08.13 regarding your claims and the revised rates for the balance work in future. I had met Sh. Sridhar Dwivedi, General Manager (Projects), ACIL on 02.08.13 and we had finally arrived at the following after discussion with you 1. The claims on account of salary, idle equipment, rental and depreciation for the material other....

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....lue Hotel, BBSR. Dear Sir, We have received your trolling mall dated August 7, 2013 regarding our settlements. The contents are noted and accepted in the interest of our relationship and the project. There is only one thing which we would like to emphasize here, that the payment should be given to us of the regular running bill which is amounting to Rs.40,26,474.00 and Rs.1,00,00,000.00 [Rs.1Cr) against compensation however the balance could be given against o PDC for one month. We hope you will not find anything unjustified. Kindly settle and please release the payment and intimate us the date to start the work. In addition to that, release us the amended BOQ with 14% enhancement in rates as agreed. Thanking you. Regards ....