2019 (1) TMI 1628

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..... ion 434 (1) of the Companies Act, 1956, the application under Section 9 of the I B Code was not maintainable. Appeal dismissed. - Company Appeal (AT) (Insolvency) No. 01 of 2019 - - - Dated:- 3-1-2019 - Justice S.J. Mukhopadhaya, Chairperson AND Justice Bansi Lal Bhat, Member(Judicial) For Appellant: - Mr. Raghavendra M Bajaj, Advocate. ORDER The Appella .....

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..... h November, 2018 on the ground of pre-existing dispute. 3. Learned counsel appearing on behalf of the Appellant submitted that the Corporate Debtor had agreed to pay the dues by different times, totally five times but the Corporate Debtor claimed that there is existence of dispute before the Adjudicating Authority. 4. From perusal of the record, we find that much prior to th .....

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..... unsel for the Appellant and perused the records. Being satisfied with the ground, delay of 10 days in preferring the appeal is hereby condoned. I.A. No. 06 of 2019 stands disposed of. 7. As we find that there is existence of dispute raised prior to the filing of petition under Section 433(e) and Section 434 (1) of the Companies Act, 1956, we hold that the application under Section 9 of th .....

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