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TMI Blog2019 (9) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... into consideration for admitting or rejecting an application under Section 9 of IBC. Before filing of application under Section 9 of IBC, a Demand Notice was issued by the Operational Creditor under Section 8(1) of the IBC. On receipt of the notice, the Corporate Debtor has not raised any objection, nor there is anything on record to suggest a pre-existing dispute raised before issuance of Demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Narahari Member(Technical) For Respondents: Mr. K. Datta, Mr. Ayush Agrawal, Mr. Shikhar Mittal, Ms. Tanvi Sapra, Ms. Pallavi Srivastava, Advocates ORDER M/s Emperos Infrastructure Private Ltd. ( Operational Creditor ) has filed an application under Section 9 of Insolvency and Bankruptcy Code, 2016 (in short IBC) for initiating Corporate Insolvency Resolution Process against M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed reliance on FormV, which is the application under Section 9 IBC, but from the record, we find that no such case is made out to hold that there was any collusion between the Operational Creditor and the Corporate Debtor or that the Insolvency Resolution Process was initiated with malicious intent of the Operational Creditor for the purpose other than Resolution of Insolvency or liquidation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation under Section 9 of the IBC, but no objection was raised by Corporate Debtor showing pre-existing dispute about the claims. Learned Counsel appearing on behalf of the Appellant submits that the Demand Notice was issued on 11.06.2019 before that no supply of products or services were there. But such dispute having not been raised by the Corporate Debtor before issuance of Demand Notice und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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