2019 (1) TMI 1747 - SCH - Insolvency and Bankruptcy

Corporate Insolvency Resolution Process - existence of dispute between the Appellant/Operational Creditor and the Respondent/ Corporate Debtor - disputes existed inter-se the parties even prior to issuance of Demand Notice under Section 8 of I B Code with respect to deficiency in services rendered - it was held by NCLT that the Respondent/ Corporate Debtor has been able to demonstrate that a pre-existing dispute in regard to deficiency of service was in existence when the demand notice under Section 8(1) of I B Code was issued by the Appellant/ Operational Creditor. The Adjudicating Authority did not err in noticing the same. HELD THAT - There are no reason to interfere with the impugned order dated 19th July, 2018 passed by the National Company Law Appellate Tribunal at New Delhi - there are no merits in the appeal - appeal dismissed.

Summary

The Supreme Court of India dismissed the appeal against the order of the National Company Law Appellate Tribunal dated 19th July, 2018. The appellant's appeal was found to have no merit.