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2020 (2) TMI 1707 - AT - Insolvency and BankruptcyMaintainability of petition - Operational Creditors - termination of MoU before service of notice u/s 8 of IBC - existence of dispute or not - HELD THAT:- It is not possible for the Adjudicating Authority to go into the questions whether the Respondent could or could not have unilaterally withdraw from the MoU and Indemnity Bond given; whether when the understanding has been reduced into writing, evidence other than what is stated in the document could or could not be admissible. There was a pre-existing contested dispute and the Adjudicating Authority rightly held that it could not quantify the liability, which would be matter of trial. Appellant calculated dues keeping in view MoU contents of which Respondent disputed before Notice under Section 8 of IBC was sent. There are no reason to interfere with the impugned order. There is no substance in the Appeal. The Appeal is dismissed.
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