9911796707
TMI Blog2019 (8) TMI 783X X X X Extracts X X X X X X X X Extracts X X X X ..... It further appears that before the admission of the application, the Respondent was ready with the draft for ₹ 3,36,978.48. However, the Appellant is not inclined to accept the same. From the aforesaid action of the Appellant i.e., Operational Creditor , we find that the Appellant initiated corporate insolvency resolution process with fraudulently and malicious intent for any purpose other than the resolution of insolvency or liquidation and, therefore, it is clearly covered under Section 65 of the I B Code. Appeal dismissed. - Company Appeal (AT) (Insolvency) No. 89 of 2019 - - - Dated:- 14-5-2019 - Mr S. J. Mukhopadhaya, Chairperson, Mr A. I. S. Cheema, Member (Judicial) And Mr Kanthi Narahari, Member (Technical) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration the fact that the Respondent (Corporate Debtor) was ready to pay the amount subject to the process of the GST, the Adjudicating Authority refused to entertain the application under Section 9 of the I B Code. 5. On 24th April, 2019, when the matter was taken up, the following order was passed : An application of appellant u/s 9 of the I B Code having rejected, the appellant has preferred this appeal against the order of rejection dated 10th December, 2018. Learned counsel for the respondent submits that there is no merit in this appeal and in spite of the same the respondent has agreed to pay the claimed amount and draft is ready. He is allowed to file reply-affidavi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount. 8. On hearing the counsel for the parties, we find that the Respondent had taken a plea before the Adjudicating Authority that it is agreeable to pay the amount subject to the registration of the Operational Creditor under the GST Act, 2017 . It further appears that before the admission of the application, the Respondent was ready with the draft for ₹ 3,36,978.48. However, the Appellant is not inclined to accept the same. 9. From the aforesaid action of the Appellant - Operational Creditor , we find that the Appellant initiated corporate insolvency resolution process with fraudulently and malicious intent for any purpose other than the resolution of insolvency or liquidation and, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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