The appeal arises from an order dated 02.11.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad, Bench-I) in CP (IB) No. 349 of 2020. The Adjudicating Authority rejected the Section 9 application of the Operational Creditor, Kashyap Infraprojects Pvt. Ltd., holding it as not maintainable due to pre-existing disputes with the Corporate Debtor, Hi-Tech Sweet Water Technologies Pvt. Ltd. The Operational Creditor, being aggrieved by the impugned order, preferred the present appeal.
M/s. Kashyap Infraprojects Pvt. Ltd. (Operational Creditor) supplied goods and services (pump-sets and related accessories) to M/s. Hi-Tech Sweet Water Technologies Pvt. Ltd. (Corporate Debtor) under a contract related to a project for the Government of Bihar. The Corporate Debtor allegedly failed to make payments for the supplied goods. The Operational Creditor issued a demand notice under Section 8 of the IBC on 01.09.2020. The Corporate Debtor responded with a notice of dispute on 18.09.2020, citing delayed and defective supply of goods. The Operational Creditor filed a Section 9 application, which was dismissed by the Adjudicating Authority on 02.11.2022 due to pre-existing disputes. The Corporate Debtor claimed that the pump-sets were not installed within the
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The appeal arises from an order dated 02.11.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad, Bench-I) in CP (IB) No. 349 of 2020. The Adjudicating Authority rejected the Section 9 application of the Operational Creditor, Kashyap Infraprojects Pvt. Ltd., holding it as not maintainable due to pre-existing disputes with the Corporate Debtor, Hi-Tech Sweet Water Technologies Pvt. Ltd. The Operational Creditor, being aggrieved by the impugned order, preferred the present appeal.
M/s. Kashyap Infraprojects Pvt. Ltd. (Operational Creditor) supplied goods and services (pump-sets and related accessories) to M/s. Hi-Tech Sweet Water Technologies Pvt. Ltd. (Corporate Debtor) under a contract related to a project for the Government of Bihar. The Corporate Debtor allegedly failed to make payments for the supplied goods. The Operational Creditor issued a demand notice under Section 8 of the IBC on 01.09.2020. The Corporate Debtor responded with a notice of dispute on 18.09.2020, citing delayed and defective supply of goods. The Operational Creditor filed a Section 9 application, which was dismissed by the Adjudicating Authority on 02.11.2022 due to pre-existing disputes. The Corporate Debtor claimed that the pump-sets were not installed within the
…The Corporate Debtor sent an email to the…
The Operational Creditor issued a demand…