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TMI Blog2021 (1) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... cating Authority, which is most inappropriate. Petition is restored to the file of Adjudicating Authority (NCLT Bengaluru Bench) - appeal allowed by way of remand. - Company Appeal (AT) (Insolvency) No. 916 of 2020 - - - Dated:- 5-1-2021 - [ Justice A.I.S. Cheema ] Member (Judicial) And [Mr. V.P. Singh] Member (Technical) For the Appellant : Mr. Manoranjani Shaw, Advocate For the Respondent : Mr. Kumar Sudeep, Advocate ORDER This Appeal has been filed by the Appellant-Operational Creditor against Impugned Order dated 09th September, 2020 passed in CP (IB) No. 184/BB/2020 by the Adjudicating Authority (NCLT, Bengaluru Bench). By the Impugned Order, the Adjudicating Authority disposed of the Application u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods and service to their satisfaction. Accordingly, the Respondent has addressed a letter dated 13.03.2018 to the Petitioner by inter-alia stating that due to some un-avoidable circumstances, payments are delayed from their clients and funds flow was also not good since financial year ending, promised to clear the dues within 30 days period. When the Respondent failed to honour their promise, the Petitioner has issued demand Notice dated 04.10.2019 under the provisions of Code, and thereafter the Respondent raised dispute vide their Reply dated 13.12.2019. The contentions raised in the Reply is totally contrary to their earlier letter dated 13.03.2018, and these contentions/allegations are not all tenable and they cannot constitute vali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sider if the Application under Section 9 of IBC is complete and if there is debt due and default as required by the law. If application is complete, it has to be admitted. The present order however directs the Respondent to settle the issue who had not appeared before the Adjudicating Authority, which is most inappropriate. 5. For the above reasons, we set aside the Impugned Order. We remand back the matter to the Adjudicating Authority. CP (IB) No. 184/BB/2020 is restored to the file of Adjudicating Authority (NCLT Bengaluru Bench). The Adjudicating Authority is requested to consider the Application as per provisions of IBC and decide the same as per law, after hearing the parties. The Appellant and Respondent are directed to appear bef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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