2023 (11) TMI 967

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....474 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 for the Appellant. This Appeal has been fi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ade 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. We have considered the submissions of learned....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....yments 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 raised queries towards the technical fault at your company&#39;s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 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 motive to deceive and cheat us. That based upon your assurances to be expert ....