2018 (3) TMI 1890 - AT - Insolvency and Bankruptcy

Maintainability of appeal - two suits pending is with regard to the money claim - HELD THAT - We do not accept the submission made on behalf of the appellant as it is clear from the provisions of the law that where a suit or arbitration proceedings is pending between the parties and such matter is brought to the notice of the Adjudicating Authority, the Authority is bound to reject the application. Appeal dismissed.

Summary

Issues:
Application under Section 9 of the Insolvency and Bankruptcy Code, 2016 dismissed due to pending suits regarding money claim.

Analysis:
The appellant filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The respondent, identified as the 'Corporate Debtor,' informed the Adjudicating Authority about two pending suits related to the money claim. Consequently, the Adjudicating Authority, the National Company Law Tribunal Bengaluru Bench, dismissed the appellant's application, leading to the present appeal.

The counsel for the appellant argued that while acknowledging the existence of a pending suit, it was frivolous and should not have influenced the Adjudicating Authority's decision. The counsel cited the decision of the Hon'ble Supreme Court in "Mobilox Innovations Private Limited vs. Kirusa Software Private Limited - MANU/SC/1196/2017" to support the contention. The Supreme Court's ruling emphasized that a genuine dispute regarding payment must exist for a matter to fall within the purview of Section 5(6) of the Insolvency and Bankruptcy Code.

In response to the appellant's arguments, the Tribunal highlighted that the Adjudicating Authority is mandated to reject an application under such circumstances where a suit or arbitration proceedings are pending between the parties. The Tribunal emphasized the importance of this procedure in cases involving pending suits or arbitrations, as outlined in the relevant legal provisions and the Supreme Court's decision referenced earlier.

Ultimately, the Tribunal found no merit in the appeal and dismissed it without imposing any costs. The decision was based on the clear provisions of the law and the precedents established by the Hon'ble Supreme Court, reinforcing the principle that the existence of pending suits or arbitration proceedings necessitates the rejection of an insolvency application under the Insolvency and Bankruptcy Code.