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TMI Blog2020 (4) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... contract between the parties and the documents substantiating the same, ought to be decided only by trial by the Civil Court. Hence, this Adjudicating Authority cannot go into these details in a summary suit. Application dismissed. - CP (IB) NO. 40/CTB/2019 - - - Dated:- 19-11-2019 - Ms. Sucharitha R., Judicial Member And Satya Ranjan Prasad, Technical Member Partha Mukherji and Soumya Dev Ray, Adv. for the Petitioner. Laxmi Dhar Sahoo, Adv. for the Respondent. ORDER Ms. Sucharitha R., 1. The applicant M/s. Print and Craft is represented by Sandip Banerjee, Sole Proprietor of the firm. This application is filed under section 9 of Insolvency Bankruptcy Code, 2016 for initiation of Corporate Insolvency Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... increased the price of labels and mono cartons to 15 % and raised Invoices. The Corporate Debtor by E-mail dated 3-2-2015 which is filed as part of the documents before the Adjudicating Authority, as clearly stated that the Corporate Debtor was not in position to accept the increase of 15 % in the price raise. However, the Corporate Debtor agreed to pay 5 % increase in the price from then existing price. Accordingly, the Corporate Debtor has settled all the dues to the Operational Creditor. Thereafter, the Corporate Debtor submits that there were meetings held between the Corporate Debtor and the Operational Creditor regarding the disputes in the pricing. In the last meeting also, it was agreed between them that 5 % increase is agreeable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the receipt of the demand notice of the unpaid operational debt in relation to such dispute? If any one of the aforesaid conditions is lacking, the application would have to be rejected. Apart from the above, the Adjudicating Authority must follow the mandate of section 9, as outlined above, and in particular the mandate of section 9(5) of the Act, and admit or reject the application, as the case may be, depending upon the factors mentioned in section 9(5) of the Act. 51. It is clear, therefore, that once the operational creditor has filed an application, which is otherwise complete, the Adjudicating Authority must reject the application under section 9(5)(2)(d) if notice of dispute has been received by the operational creditor o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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