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2024 (4) TMI 438 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI - LBCIRP - Admissibility of two additional documents - Section 11 of Arbitration and Conciliation Act - rejection of Application of the Appellant seeking permission to bring additional documents - the arbitration petition and the order were both initiated after the filing of the Section 9 Application - HELD THAT:- Notice under Section 8 was issued by the Operational Creditor on 05.05.2022, which was also replied by the Corporate Debtor. Section 9 Application was filed being CP(IB)No.36/CB/2022 by the Operational Creditor in the year 2022, to which reply was also filed by the Corporate Debtor. Arbitration proceedings before the Hon’ble Calcutta High Court in BALASORE ALLOYS LIMITED VERSUS MSTC LIMITED [2023 (9) TMI 1457 - CALCUTTA HIGH COURT] under Section 11, sub-section (6) of the Arbitration and Conciliation Act, 1996 was initiated on 31.08.2023, on which an order was passed by the Hon’ble Calcutta High Court on 13.09.2023. Both the Arbitration Application and order of the Hon’ble Calcutta High Court, which were sought to be brought on record by the Corporate Debtor, were much subsequent to filing of Section 9 Application. The observation of the Hon’ble Supreme Court in MSTC LIMITED VERSUS BALASORE ALLOYS LIMITED [2023 (11) TMI 1245 - SC ORDER], clearly indicate that arbitration order passed in the arbitration proceedings shall not affect proceedings in Section 9 Application under the Code, which was filed by the Operational Creditor. There are no error in order of the Adjudicating Authority rejecting application filed by the Appellant to bring on record two documents - Appeal is dismissed.
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