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2019 (9) TMI 361 - Tri - Insolvency and BankruptcyMaintainability of application - Initiation of Corporate Insolvency Resolution Process - Existence of debt due from Corporate Debtor or not - section 7 of Insolvency & Bankruptcy Code, 2016 - HELD THAT:- This Adjudicating Authority does not have the requisite power to determine the disputed question of fact that could establish the existence of the debt in this case. Therefore, in the facts and circumstances and as per the judgement of Hon’ble Supreme Court in Innoventive Industries Ltd. vs ICICI Bank and Ors., [2017 (9) TMI 58 - SUPREME COURT], as the Petitioner could not prove the existence of debt due from the Corporate Debtor, this Petition cannot be admitted. Petition rejected.
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