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2018 (7) TMI 2152 - AT - Insolvency and BankruptcyMaintainability of application - appeal rejected on the ground that the appellant has claimed the legal expenses under Section 8(1) of the ‘I & B Code’ - HELD THAT:- In so far as the claim of the respondent is that there is an agreement 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 the ground that the appellant included legal claim. Case remitted to the Adjudicating Authority to admit the case and pass order of moratorium and appointment of Interim Resolution Professional - appeal allowed by way of remand.
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