Concept Group vs Cns Fashion Retail Pvt. Ltd on 28 November, 2022
4. As regards the other issue about the pre-existing dispute, it is submitted
that to the pre-trial notice served by the Appellant, the Respondent while replying
the same did not raise any issue regarding the goods being substandard which
has been raised only when the demand notice was issued before filing the
application under Section 9 of the Code and therefore, it was only an
afterthought objection which is not made out from the record. It is also submitted
that the Adjudicating Authority has relied upon the emails dated 31.08.2018,
27.10.2018 and 29.10.2018 to somehow reach to a conclusion that there was a
pre-existing dispute. In this regard, while referring to the email dated
31.08.2018, it is submitted that the said email was only to improve 'Acoola'
operation and sales and not regarding anything to say that the goods supplied
were substandard. As regards the clause of arbitration is concerned, which is
stated to have been mentioned in the contract itself, it is argued that the
presence of the arbitration clause in the argument will not disentitle the
Company Appeal (AT) (Ins) No. 909 of 2022
5
Appellant from preferring the application under Section 9 of the Code, in this
regard, he has relied upon a decision of this Tribunal rendered in the case of
Hasan Shafiq Vs. CT-Technologies Aps, CA (AT) (Ins) No. 802 of 2020 decided on
14.02.2022.