2023 (9) TMI 1767

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....e Rakesh Kumar Jain] Member (Judicial) And  [Naresh Salecha] Member (Technical) For the Appellant : Amrender Kumar Singh, Adv. For the Respondents : Mr. Ravinder Singh, Advocate. ORDER PER : JUSTICE RAKESH KUMAR JAIN (ORAL) This appeal is directed against the order dated 30.11.2021 passed by the 'National Company Law Tribunal, New Delhi (hereinafter referred as to 'the Adjudica....

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....e would like to inform you that all work related to the above reference all work have been completed. We have received all dues against the work done. You are requested to allow us to take out our all tools & plants and issue instruction for issuance of non-returnable Gate Passes." 3. The Adjudicating Authority has also recorded the finding in para 16, which read as follows: "16. The r....

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....e payment received of construction work Cloud project (1st RA Bill to 23 RA/final invoice) has been received. Nothing is pending." 4. Faced with these observations, counsel for the Appellant has submitted that though a letter has been written by the Appellant but factually the money has not been paid. He has argued on the instruction received in court from one of the Director of the Appellant t....

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....same is not forthcoming. The Suit is dismissed in default. Pending applications, if any, also stand dismissed." 6. It is further submitted by Respondent that the Appellant has tried to seek recovery of the amount through civil suit and then turned to the provisions of the Code for the purpose of Resolution of the same amount but the Appellant itself has already received the am....