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TMI Blog2017 (12) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... disputed by respondent, it is clear that there was a dispute in existence prior to issuance of demand notice under sub-section (1) of Section 8 of the ‘I&B Code’ and for that the application under Section 9 of the ‘I&B Code’ was not maintainable. Prima facie, we are of the opinion that as the ‘I&B Code’ do not empower the Adjudicating Authority to suggest any name or appoint any ‘Interim Resolution Professional’/Resolution Professional of its own choice. However, as we find that the parties have settled the dispute and initiation of Resolution process under section 9 of the ‘I&B Code’ was not maintainable, in view of existence of dispute, we leave the question open as to whether the Adjudicating Authority has power to appoint any person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code . 3. On 18th October 2017, it was argued by learned senior counsel for the appellant that there is a dispute in existence prior to issuance of notice of demand under sub-section (1) of Section 8 of the I B Code . It was further submitted that the Adjudicating Authority without calling for name of any Interim Resolution Professional from the Insolvency and Bankruptcy Board of India (hereinafter referred to as Board ) appointed one Dr. K. Lakshmi Narasimha, Ph.D as Interim Resolution Professional , without any such suggestion from the Operational Creditor or the Board. Taking into consideration the aforesaid submissions, notices were issued on the respondent, particularly to decide whether the Adjudicating Authority of his own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Resolution process under section 9 of the I B Code was not maintainable, in view of existence of dispute, we leave the question open as to whether the Adjudicating Authority has power to appoint any person of its own choice or not which will be decided in an appropriate case. 8. We have already held that application under Section 9 was not maintainable, in view of existence of dispute and that parties have already reached the settlement, for the reasons aforesaid, we set aside the impugned order dated 10th October, 2017 passed by Adjudicating Authority, Hyderabad Bench in Company Petition (IB) No./45/09/HDB/2017. 9. In effect, order(s), passed by Ld. Adjudicating Authority appointing Interim Resolution Professional , declaring ..... X X X X Extracts X X X X X X X X Extracts X X X X
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