Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2019 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 1819 - AT - Insolvency and BankruptcyAdmission of section 9 application - pre-existing disputes or not - it is shown that the amount is payable to the ‘Corporate Debtor’ and there are claims and counter claims, which has not been adjudicated by the Adjudicating Authority - HELD THAT:- Such ground cannot be accepted as the disputed question relating to claims and counter claims cannot be determined by Adjudicating Authority in an application under Section 9 of the I&B Code. In view of the judgment of the Hon’ble Supreme Court in M/S. INNOVENTIVE INDUSTRIES LTD. VERSUS ICICI BANK & ANR. [2017 (9) TMI 58 - SUPREME COURT], even if amount is disputed or payable and is found to be more than Rs.1,00,000/-, the application under Section 9 is to be admitted. In the present case, there is no pre-existing dispute pending before the parties. Therefore, the Appellant cannot take any advantage relating to disputed bills, the question of joint inspection of contract etc. does not arise. In absence of any merit, the Appeal is dismissed.
|