Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2018 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (3) TMI 1889 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - suit between the parties was pending since prior to issuance of demand notice under sub-section (1) of Section 8 of the 'I & B Code' - HELD THAT:- As, admittedly the suit between the parties was pending before the date on which demand notice was issued under sub-section (1) of Section 8 of the 'I & B Code' and was also pending when the application under Section 9 of the 'I & B Code' was admitted, application under section 9 of the 'I & B Code' was not maintainable. The order dated 30th August, 2017 passed by Adjudicating Authority, Bengaluru Bench is set aside and the appeal is allowed.
|