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2020 (5) TMI 97 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - non-payment of the ‘operational debt’ has not been filed - existence of debt and dispute or not - HELD THAT:- The Hon’ble Supreme Court also considered the order of this Appellate Tribunal in the case of SMART TIMING STEEL LTD. VERSUS NATIONAL STEEL & AGRO INDUSTRIES LTD. [2017 (8) TMI 1590 - SC ORDER], the Adjudicating Authority dismissed the petition as the second petition was for same cause of action, was not maintainable. In view of the fact that earlier petition under Section 9 was filed by the Appellant- ‘Smart Timing Steel Ltd.’- for initiation of the Corporate Insolvency Resolution Process’ against ‘National Steel & Agro Industries Ltd.’- (Corporate Debtor) was earlier dismissed by the Adjudicating Authority and affirmed by the Hon’ble Supreme Court, we agree with the observations made by the Adjudicating Authority that the second petition for same cause of action is not maintainable. Appeal dismissed.
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