2023 (11) TMI 967

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..... 1292 of 2023 & I.A. No. 4566, 4474 of 2023 - -<br>Insolvency & Bankruptcy<br>[ Justice Ashok Bhushan ] Chairperson And [ Barun Mitra ] Member ( Technical ) For the Appellant : Mr. Shreyash U. Lalit, Mr. Himanshu Vats, Mr. Abhinav Aggarwal, Mr. Krishnagopal Abhay, Ms. Runjhun Garg, Advocates For the Respondent : Mr. Gautam Singh, Advocate ORDER ( Hybrid Mode ) Heard learned counsel....

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....the parties the payment were required to be made on stage basis and after completion of first stage, second stage would commence. There is no lapse on the part of the Appellant in providing the designs. It is submitted that although the Demand Notice was replied on 27.12.2019 but the Appellant has filed Rejoinder to the Reply filed in the Section 9 application where all issues were explained. 3....

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....echnical fault at your end and therefore, the further payments were not made. 8. It is stated that through emails dated 25/04/2019; 09/05/2019; 26/04/2019; 30/04/2019; 03/05/2019; 04/05/2019; 06/05/2019 we have sent your company back to back reminders in order to proceed with further work as per schedule. However, there have been no response from your end. Further, through emails we had r....

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....2019 asking for the refund of an amount of Rs. 3,00,000/- paid towards the same. However, your company just failed to return the said amount which were wrongly charged to us. That the said act at your end amounts to wrongful gain to yourself and wrongful losses to our company which is required to be viewed seriously. 10. It is stated that it seems that you approached us with an ulterious ....