The appeal arises from an order dated 20.11.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in C.P.(IB)-1033(MB)/C-III/2022, which dismissed an application under Section 9 of the IBC filed by an operational creditor.
The appellant, a partnership firm involved in construction, entered into a Construction Contract with the respondent on 01.03.2021 for civil and interior work at Delhi International Airport.
The Construction Contract stipulated a three-month completion period, with Clause 15 allowing fortnightly running bill submissions and payment within 5 days.
The appellant raised four Running Account bills and claimed an additional Rs. 17.0 lakhs for glass and aluminum.
On 21.03.2022, the respondent terminated the contract, and on 11.04.2022, the appellant raised its final bill, claiming a balance of Rs. 1,57,19,613.00.
The appellant issued a demand notice under Sec. 8 IBC on 03.07.2022 after the respondent allegedly failed to honor its liability.
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Construction Contract…
M/s Indamer Mjets…
The appeal arises from an order dated 20.11.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in C.P.(IB)-1033(MB)/C-III/2022, which dismissed an application under Section 9 of the IBC filed by an operational creditor.
The appellant, a partnership firm involved in construction, entered into a Construction Contract with the respondent on 01.03.2021 for civil and interior work at Delhi International Airport.
The Construction Contract stipulated a three-month completion period, with Clause 15 allowing fortnightly running bill submissions and payment within 5 days.
The appellant raised four Running Account bills and claimed an additional Rs. 17.0 lakhs for glass and aluminum.
On 21.03.2022, the respondent terminated the contract, and on 11.04.2022, the appellant raised its final bill, claiming a balance of Rs. 1,57,19,613.00.
The appellant issued a demand notice under Sec. 8 IBC on 03.07.2022 after the respondent allegedly failed to honor its liability.
…Construction Contract…
M/s Indamer Mjets…