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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 ..... where arbitration clause is there, we hold that mere mentioning of arbitration clause cannot be taken into consideration to hold that there was an existence of dispute. Any dispute subsequent to issuance of Demand Notice cannot be taken into consideration to reject an application under Section 9 and therefore, we are of the view that the Adjudicating Authority wrongly rejected the application on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch, Mumbai, whereby and where under, the application preferred by appellant under Section 9 of Insolvency and Bankruptcy Code 2016 (hereinafter referred to as I B Code ) has been rejected on the ground that the appellant has claimed the legal expenses under Section 8(1) of the I B Code . According to appellant it rendered consultancy services to the (Corporate Debtor) and shown the detail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Respondent has disputed the claim prior to the said date. He submits that there were conferences held and telephonically the Respondent has disputed the claim but such submission cannot be accepted in absence of any record relating to existence of dispute. In so far as the claim of the respondent is that there is an agreement where arbitration clause is there, we hold that mere mention ..... X X X X Extracts X X X X X X X X Extracts X X X X
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