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2017 (8) TMI 1664 - AT - Insolvency and BankruptcyMaintainability of Joint Application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- Different claim(s) arising out of different agreements or work order, having different amount and different dates of default, cannot be clubbed together for alleged default of debt, the cause of action is being separate. For the said reasons, it is held that the joint application preferred by appellant under Section 9 is defective, as distinct from incomplete, and, was not maintainable. Learned counsel for the respondent also highlighted 'existence of dispute' in regard to non-completion of the project within the time, and, the counter-claim as made by the respondent -'Corporate Debtor'. However, in absence of any document enclosed, showing dispute raised prior to issuance of Section 8 notice, such issue is not decided. Impugned order upheld though it is open to the appellant to move separate application in respect of separate work orders/ contracts, if not barred by limitation or delay and laches and if there is no dispute after following the procedure laid down under I & B Code and Rules framed thereunder - there are no merit in the appeal - appeal dismissed.
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