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2017 (11) TMI 486 - AT - Insolvency and BankruptcyCorporate insolvency procedure - Insolvency Bankruptcy process - validity of notice issued by the Law Firm ‘JUSTLAW’ on behalf of Respondents-‘Operational Creditor’ - existence of 'dispute', within the meaning of Section 8 read with sub-section (5) of Section 5 of I&B Code - Held that:- The notice has been issued by a Law Firm and there is nothing on the record to suggest that the said Law Firm has been authorised by the Board of Directors of the ‘Operational Creditor’- M/s. Synergy Property Development Services Pvt. Ltd. There is nothing on the record to suggest that any Lawyer or Law Firm hold any position with or in relation with the Respondents-‘Operational Creditor’. In view of the aforesaid facts and the decision of this Appellate Tribunal in “ M/s. Uttam Galva Steels Limited v. DF Deutsche Forfait AG & Anr [2017 (8) TMI 1198 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI ]” we hold that the notice(s) issued by the Law Firm ‘JUSTLAW’ on behalf of Respondents-‘Operational Creditor’ cannot be treated as a notice under section 8 of the ‘I&B Code’ and for that the petition under section 9 at the instance of the Respondents against the appellant was not maintainable. From bare perusal of the record, it is clear that on 12th November, 2016, one Mr. Govindan Kutty M on behalf of the Appellant- ‘Corporate Debtor’ intimated the Respondent-‘Operational Creditor’ that the Respondent discontinued the service and abandoned the work.. Therefore, it is clear that much prior to the so-called notice under section 8 of the ‘I&B Code’, a dispute was raised by Appellant-‘Corporate Debtor’ regarding non-completion and abandoning of the work. In view of the aforesaid reasons and findings recorded above, we hold that the impugned order dated 9th June, 2017 is illegal and set aside the said order passed by Adjudicating Authority, Chennai Bench in CP/484 (IB)/CB/2017.
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