This is a Company Appeal (AT) (Insolvency) No. 800 of 2022. The Appellant, an Operational Creditor, filed an appeal against the order dated 28.04.2022 passed by the Adjudicating Authority, which rejected the Appellant's application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Corporate Debtor received a work order and assigned part of the work to the Appellant. A notice was issued by the Appellant to the Corporate Debtor demanding payment for services provided. The Corporate Debtor invoked the Arbitration Clause under the agreement. The Appellant's claim was denied by the Corporate Debtor, stating that no money could be claimed without obtaining a Completion Certificate. The Adjudicating Authority dismissed the Section 9 application, noting
…The Appellant, an Operational Creditor, filed an appeal against the Adjudicating Authority's order dated 28.04.2022, which rejected their Section 9 application. The Corporate Debtor received a work order and assigned part of it to the Appellant. The Appellant issued a notice dated 12.01.2021 under Section 8 of the IBC, demanding payment. The Corporate Debtor invoked the Arbitration Clause via notice dated 22.01.2021. The Corporate Debtor denied the Appellant's claim, stating that no money could be claimed without a Completion Certificate. The Adjudicating Authority dismissed the Section 9 application, noting the invoked Arbitration Clause. The Appellant argued they couldn't file a rejoinder and that the arbitration notice was received after the Section 8 notice. The
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This is a Company Appeal (AT) (Insolvency) No. 800 of 2022. The Appellant, an Operational Creditor, filed an appeal against the order dated 28.04.2022 passed by the Adjudicating Authority, which rejected the Appellant's application filed under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Corporate Debtor received a work order and assigned part of the work to the Appellant. A notice was issued by the Appellant to the Corporate Debtor demanding payment for services provided. The Corporate Debtor invoked the Arbitration Clause under the agreement. The Appellant's claim was denied by the Corporate Debtor, stating that no money could be claimed without obtaining a Completion Certificate. The Adjudicating Authority dismissed the Section 9 application, noting
…The Appellant, an Operational Creditor, filed an appeal against the Adjudicating Authority's order dated 28.04.2022, which rejected their Section 9 application. The Corporate Debtor received a work order and assigned part of it to the Appellant. The Appellant issued a notice dated 12.01.2021 under Section 8 of the IBC, demanding payment. The Corporate Debtor invoked the Arbitration Clause via notice dated 22.01.2021. The Corporate Debtor denied the Appellant's claim, stating that no money could be claimed without a Completion Certificate. The Adjudicating Authority dismissed the Section 9 application, noting the invoked Arbitration Clause. The Appellant argued they couldn't file a rejoinder and that the arbitration notice was received after the Section 8 notice. The
…Learned Counsel…
The Adjudicating…