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2019 (11) TMI 1506 - NATIONAL COMPANY LAW TRIBUNAL , HYDERABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - HELD THAT:- Already suit was decreed. There was no pendency of suit when Operational Creditor filed petition under Section 9 against the Corporate Debtor. Maybe Corporate Debtor filed Petition for setting aside the decree. It is filed beyond limitation. Mere filing of Application / Petition for setting aside the decree under Order 9 Rule 13 of CPC against the Corporate Debtor does not amount to dispute pending. If suit is pending, only then we can come to a conclusion that there is dispute pending. Since suit was already disposed and ended in a decree, therefore, it cannot be said there is a preexisting dispute on the ground application was filed for setting aside the decree which was filed beyond time prescribed. Therefore, petition deserves to be admitted as there is default committed by the Corporate Debtor. Petition admitted - moratorium declared.
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