This is a Company Appeal (AT) (Insolvency) No. 468 of 2023. The appeal was filed against the order dated 21.02.2023, by which the Adjudicating Authority rejected Section 9 application on the ground that there was a pre-existing dispute between the parties. The appellant contends that the notice under Section 8 was sent by email on 12th November 2019 and through registered post received on 15th November 2019. The corporate debtor filed a civil suit on 14th November 2019. The appellant argues that this cannot be considered a pre-existing dispute to reject the application under Section 9 of IBC, claiming no pre-existing dispute and amounts were due from 2015.
Chawla Silica Sand Trading Co. (Appellant) filed an appeal against the order dated 21.02.2023, rejecting its Section 9 application under the IBC. The Adjudicating Authority rejected the application due to a pre-existing dispute with Indo Farm Equipments Ltd. (Respondent). The Appellant sent a Section 8 notice via email on 12.11.2019 and registered post on 15.11.2019. The Respondent filed a civil suit on 14.11.2019. The Appellant claims no pre-existing dispute, with amounts due since 2015. The Respondent raised concerns about the rates of Silica Sand. A meeting was held on 12.11.2019, attended by Mr. Bharat Chawla, representing the Appellant. The Appellant reduced rates via email on 23.10.2019. The Respondent filed a civil suit for recovery of Rs. 9,82,835/-. The
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Chawla Silica Sand…
A meeting was held…
This is a Company Appeal (AT) (Insolvency) No. 468 of 2023. The appeal was filed against the order dated 21.02.2023, by which the Adjudicating Authority rejected Section 9 application on the ground that there was a pre-existing dispute between the parties. The appellant contends that the notice under Section 8 was sent by email on 12th November 2019 and through registered post received on 15th November 2019. The corporate debtor filed a civil suit on 14th November 2019. The appellant argues that this cannot be considered a pre-existing dispute to reject the application under Section 9 of IBC, claiming no pre-existing dispute and amounts were due from 2015.
Chawla Silica Sand Trading Co. (Appellant) filed an appeal against the order dated 21.02.2023, rejecting its Section 9 application under the IBC. The Adjudicating Authority rejected the application due to a pre-existing dispute with Indo Farm Equipments Ltd. (Respondent). The Appellant sent a Section 8 notice via email on 12.11.2019 and registered post on 15.11.2019. The Respondent filed a civil suit on 14.11.2019. The Appellant claims no pre-existing dispute, with amounts due since 2015. The Respondent raised concerns about the rates of Silica Sand. A meeting was held on 12.11.2019, attended by Mr. Bharat Chawla, representing the Appellant. The Appellant reduced rates via email on 23.10.2019. The Respondent filed a civil suit for recovery of Rs. 9,82,835/-. The
…Chawla Silica Sand…
A meeting was held…