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TMI Blog2018 (7) TMI 2152X X X X Extracts X X X X X X X X Extracts X X X X ..... ice Bansi Lal Bhat, Member(Judicial) For Appellant: - Mr. Rajiv S.Roy, Mr. Avrojyoti Chatterjee, Ms. Jayasree Saha and Mr. Abhijit Roy, Advocates For Respondent:-Mr. Nitin, Advocate ORDER This appeal has been preferred by M/s Mitcon Consultancy & Engineering Services Limited (Operational Creditor) against order dated 15th February 2018 passed by the Adjudicating Authority (National Company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that they have disputed the claim in the reply to the Demand Notice under Section 8(1). It is further submitted that there is an existence of dispute in regard to consultancy service rendered by the appellant. When we asked the learned counsel to show from the record that the Respondent has raised any dispute prior to Demand Notice dated 13th September 2017, he rightly replied that there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l claim. For the reasons aforesaid, we set aside the impugned order dated 15th February 2018 passed by the Adjudicating Authority in CP No. 1485 of 2017 and remit the case to the Adjudicating Authority to admit the case and pass order of moratorium and appointment of Interim Resolution Professional. The appeal is allowed with the aforesaid observations and directions. There shall be no order as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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