2022 (9) TMI 1500

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....irperson And [Mr. Barun Mitra] Member (Technical) For the Appellants : Mr. Nikhil Nayyar, Sr. Advocate, Mr. Paras Mittal, Mr. Mritunjay Kr. Singh, Mr. Dhruv Rohatgi, Ms. Shairya Singh, Advocates. For the Respondent : Mr. Nitish K. Sharma, Advocate. ORDER Heard Learned Counsel for the Appellant as well as Learned Counsel appearing for the 'Corporate Debtor'. 2. This appeal has been filed agai....

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....ndum of Understanding / settlement agreement was entered between the parties on 30.09.2019 where the earlier contract as well as the subsequent Memorandum of Understanding were referred as to contract and according to settlement agreement, the amount of Rs. 11 crores was to be paid to the Appellant towards work done under the contract. It is submitted that there being breach in the payment to the ....

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....ate, an amount of Rs. 11 crores was to be paid. Subsequently, Memorandum of Understanding was entered on 30.09.2019 laying down the manner of payment of Rs. 11 crores amount on breach of which compelled the Appellant to file section 9 application. 8. The Adjudicating Authority has in the impugned order relied on the two orders passed by NCLT and has held that Applicant is not covered as Operation....