2018 (7) TMI 2046

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Member (Judicial) For Appellants: Mr. Sanjeev Kumar, Mr. Abhishek Kisku, Mr. Abhishek Goyal and Mr. Anshul Sehgal, Advocates. For Respondents: Ms. Purti Marwaha Gupta, Ms. Henna George and Mr. S. K. Thakur, Advocates. ORDER The Appellant - 'M/s Grasim Industries Ltd.' filed application under Section 9 for initiation of Corporate Insolvency Resolution Process against Respondent - 'Spentex Indus .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rate Debtor claimed amount towards quality claim for supply of inferior/poor/second grade material for material supplied during the year 2014-15 and alleged that amount is pending. 3. Learned counsel appearing on behalf of the Appellant submits that the said letter was replied by the Operational Creditor and the claim was settled, which the Corporate Debtor also accepted by their letter dated 19t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... een the parties or not, is a matter which cannot be decided. In a petition under Section 9 of I&B Code it can be decided only by a court of competent jurisdiction. 6. We accordingly hold that the Adjudicating Authority has rightly rejected the application under Section 9. However, we make it clear that it will be open to the Appellant to move before an appropriate forum for appropriate relief. In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X