2019 (11) TMI 1428

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..... before the admission of an application under Section 9 of the I B Code, the Corporate Debtor paid the total debt. The application was pursued for realisation of the interest amount, which, according to us is against the principle of the I B Code, as it should be treated to be an application pursued by the Applicant with malicious intent (to realise only Interest) for any purpose other than for t .....

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..... tion on the ground that there is no debt payable and there is no default. 2. The Learned Counsel appearing on behalf of the Appellant submits that the Adjudicating Authority rejected the application on wrong presumption that there is no Agreement between the parties. It is submitted that for the purpose of application under Section 9 of the I B Code, it is not necessary to rely on any Agreement .....

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..... Adjudicating Authority observed that in the absence of any Agreement, no such amount can be claimed. 4. The Learned Counsel for the Appellant relied on Invoices to suggest that in the Invoices , the claim was raised for payment of interest. However, we are not inclined to accept such submission as they were one side Invoices raised without any consent of the Corporate Debtor . 5. Admitt .....

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