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2019 (4) TMI 1767 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - pre-existing dispute or not - Section 9 of I&B Code - HELD THAT:- Admittedly, Appellant – Roma Infrastructures India Pvt. Ltd. has not supplied the goods nor provided any services to Respondent- A.S. Iron & Steel (I) Pvt. Ltd. It advanced payment of ₹ 74,32,326/- to Respondent for supply of goods. In view of the aforesaid fact, the payment cannot be treated to be an ‘Operational Debt’ and the application under Section 9 filed by the Appellant was not maintainable. Accordingly, no relief can be granted. The order passed by this Appellate Tribunal or Adjudicating Authority will not come in the way of Appellant to moved before the court of Competent Jurisdiction for appropriate relief - appeal dismissed.
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