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2019 (8) TMI 40 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIAdmissibility of petition - Initiation of Corporate Insolvency Resolution Process - non-availability of evidence relating to debt and default - Section 9 of the ‘Insolvency and Bankruptcy Code, 2016’ - HELD THAT:- The invoice has been taken into consideration by the Adjudicating Authority to come to a definite conclusion that the buyer is ‘Perfect IT Solution’ as shown in the invoice and not ‘Sify Technologies Limited’ (Respondent herein) - Learned counsel for the Appellant submitted that ‘Perfect IT Solution’ is agent of ‘Sify Technologies Limited’, which the Respondent has also admitted in their Demand Notice. However, such disputed question cannot be decided either by the Adjudicating Authority or by this Appellate Tribunal, as in the invoice the name of the buyer has been shown as ‘Perfect IT Solution’ and not ‘Sify Technologies Limited’. There being a disputed question of fact, we are of the view that it is a case which can be decided by a Court of Competent Jurisdiction, hence the application under Section 9 is not maintainable - appeal dismissed.
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