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2017 (12) TMI 1318 - AT - Insolvency and BankruptcyCorporate insolvency procedure - Application under Section 9 of the I & B Code was filed with regard to default pursuant to different agreements - Held that:- Clause for arbitration exists in both the agreements. However, such disputed question of facts cannot be determined in this appeal particularly the Appellant or the Respondents having not taken such plea before the Adjudicating Authority. While we are not inclined to interfere with the impugned order dated 19th July, 2017 passed by the Adjudicating Authority in view of the proper appreciation of law i.e. Section 21 of the Arbitration and Conciliation Act, 1996, as per which the Arbitration proceeding commence on the date request for the dispute to be referred to arbitration is received by the Respondent, we give liberty to the Appellant to move before appropriate forum, in respect to any agreement if there is no clause of agreement and arbitration proceeding has not commenced. With the aforesaid observation the appeal stands disposed of.
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