M/S Consolidated Construction ... vs M/S Hitro Energy Solutions Private ... on 4 February, 2022
18. However, the question raised by the Appellant is that the application
under Section 9 per se is not maintainable in view of clause 7.2 of the
agreement as per which, in case of breach of agreement, the other party can
file a claim for specific performance or terminate the agreement forthwith in
whole or in part and claim damages but the refund of amount of the goods
sold is an act of recovery which is not permissible in the Code but the
Respondent has relied upon the decision of Hon'ble Supreme Court in the
case of Consolidated Construction Consortium Pvt. Ltd. (CCCL) (Supra) to
contend that the Hon'ble Supreme Court has held that even the purchaser
can also file an application under Section 9 of the Code.