Once the Corporate Debtor raise objection before issuance of demand notice u/s 8(1) of the Code, the application cannot be entertained and subsequently the Corporate Debtor accepted bill cannot be determined by the Adjudicating Authority in a petition under Section 9 – Alpha Tech Projects (India) Pvt. Ltd. Vs. JMD Ltd.-NCLAT
On hearing learned counsel for the Appellant and perusal of record, we find that there were correspondence made by the parties regarding completion of the work. An email was issued by the Appellant on 22.09.2015 with regard to construction of Suburbia-67, Sohna Road, Gurgaon and its progress. The ‘Corporate Debtor’ by its email dated 26.05.2014 had already informed about slow progress of the work and part completion of the building which failed to meet target, which resulted in heavy penalty on the Respondent for non-completion of the project on time. By another email dated 26.09.2015, the Corporate Debtor again reported non-completion of the project and it was brought to the notice of the Appellant that the brick and plaster work of the 2nd floor were kept on hold for about four months due to the problem.
