2017 (7) TMI 1080

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..... at:- It is on record that the Operational Creditor has filed the suit before the Hon'ble High Court of Madras for recovery of the amount which the Corporate Debtor failed to make the payment. Counsel for Respondent citing the judgment of NCLAT given in M/s. MCL Global Steel Pvt. Ltd another vs M/s. Essar Projects India Ltd. others [2017 (5) TMI 1774 - NATIONAL COMPANY LAW APPELLATE TRIBUNA .....

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..... through recovery suit. Therefore Petitioner cannot be allowed to forum shop. Hence, the Petitioner is dismissed in view of the pendency of the civil suit - TCP/135/ (IB)/2017 - - - Dated:- 25-7-2017 - SHRI CH. MOHD SHARIEF TARIQ AND SHRI. VIJAYARAGHAVAN, JJ. For The Petitioner : N. Mura, P.R. Renganatha For The Respondent : P.H. Arvindh Pandian Sr. Adv. for Vishnu Mohan ORDER .....

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..... Pvt. Ltd another vs M/s. Essar Projects India Ltd. others submitted that the matter is sub judice and the same falls within the term dispute to which the Counsel for Petitioner submitted that suit has been filed in order to overcome the period of limitation and the object of filing the petitioner under section 9 is to trigger the process of corporate Insolvency against the Corporate Debtor .....

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