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2019 (3) TMI 957 - AT - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - pre-existing disputes - HELD THAT:- No reply-affidavit has been filed by the ‘Operational Creditor’ against the statement made by the Appellant that there were pre-existing disputes intimated by letter dated 10.04.2017. Taking into consideration the aforesaid fact, that there were pre-existing disputes between the parties and the matter have been settled subsequently on 08.02.2018 and the ‘Committee of Creditors’ have not yet been constituted, we set aside the impugned order dated 08.02.2019. In effect, order (s) passed by AA appointing ‘Interim Resolution Professional’, declaring moratorium, freezing of account and all other order (s) passed by Adjudicating Authority pursuant to impugned order and action taken by the ‘Resolution Professional’, including the advertisement published in the newspaper calling for applications all such orders and actions are declared illegal and are set aside. The application preferred by the Respondent under Section 9 of the "I&B Code" is dismissed.
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