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2018 (6) TMI 1259 - AT - Insolvency and BankruptcyCorporate insolvency process - 'existence of dispute’ - Application was not filed directly by the ‘Operational Creditor’ but by its Company Secretary - Held that:- As the Appellant requested to allow the Appellant to file another Application under Section of 9 ‘I&B Code’, however, permission cannot be granted as the application filed by the Appellant has been dismissed also on the ground of existence of a dispute, even prior to the issuance of the demand notice sub-Section (1) of Section 8 of the ‘I & B Code’. Respondents brought to the notice of the Adjudicating Authority certain disputes which were also supported by e-mail dated 13th May, 2015 which were marked as Annexure R-4. Other documents were also brought to the notice to the Adjudicating Authority. In reply, learned Counsel for the Appellant referred to a letter dated 2nd April, 2016 issued by an Advocate on behalf of the Appellant but such stand has been disputed by the Respondent. Even after dispute of the amount if certain amount is admitted by the Respondents but has not paid such amount the Appellant may prefer application under Section 9 after notice to the Respondent under Sub-Section (1) of Section 8 of the I & B Code giving a reference to such undisputed debt, if defaulted - Allow the Appellant to move before the appropriate forum in respect of the admitted dues if any.
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