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2019 (6) TMI 133 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHIMaintainability of suit - Proceedings against the Operational Creditor - Rejection of application on the ground of pre-existing dispute - section 9 of the Insolvency & Bankruptcy Code 2016 - HELD THAT:- Hon’ble Supreme Court in Innoventive Industries Ltd. Vs. ICICI Bank [2017 (9) TMI 58 - SUPREME COURT] observed that the moment the Adjudicating Authority finds that there is a pre-existing dispute, the ‘Operational Creditor’ gets out of clutches of the Court. Admittedly the suit in question relates to same agreement pursuant to which the claim has been made by the ‘Operational Creditor’. The suit has been filed by the Respondent prior to issuance of Demand Notice u/s 8(1). Whether the suit is maintainable or not, such question cannot be determined by National Company Law Tribunal (NCLT) or by this Appellate Tribunal - the argument that the suit is not maintainable cannot be raised nor to be decided. The application u/s 9 is not maintainable - appeal dismissed.
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