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2017 (7) TMI 1080 - AT - Companies LawCorporate insolvency procedures - affidavit filed and the bank certificate (CD) is not as per the provisions of the IBC, 2016 - no mention of the fact that the Corporate Debtor has not raised the dispute and the bank certificate is not authenticated - Held that:- It is on record that the Operational Creditor has filed the suit before the Hon'ble High Court of Madras for recovery of the amount which the Corporate Debtor failed to make the payment. Counsel for Respondent citing the judgment of NCLAT given in M/s. MCL Global Steel Pvt. Ltd & another vs M/s. Essar Projects India Ltd. & others [2017 (5) TMI 1774 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] submitted that the matter is sub judice and the same falls within the term "dispute" to which the Counsel for Petitioner submitted that suit has been filed in order to overcome the period of limitation and the object of filing the petitioner under section 9 is to trigger the process of corporate Insolvency against the Corporate Debtor and declaration of the moratorium. Counsel for Petitioner further submitted that the suit has been filed by the operational Creditor and the Corporate Debtor did not raise any dispute on its own and submit that there is no provision in the IBC 2016, which bars the Petitioner to file the petition under section 9, even if, a suit for recovery of the outstanding debt is pending. However, the petitioner can achieve has goal and get his money back through recovery suit. Therefore Petitioner cannot be allowed to forum shop. Hence, the Petitioner is dismissed in view of the pendency of the civil suit
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