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2021 (2) TMI 474 - AT - Insolvency and BankruptcyMaintainability of new Application which was filed under Section 9 of I&B, Code, inspite of earlier Application under Section 9 - HELD THAT:- We have gone through the earlier Application under Section 9 which was filed and the new Application which was filed under Section 9 of I&B, Code. Both of the Applications referred to the same amount and similar facts are averred. We are not ready to accept the submissions made by the Learned Counsel that the Corporate Debtor had stated that it would settle the dues and because of that the earlier Application was withdrawn. The Learned Counsel for the Appellant referred to earlier Order of withdrawal Annexure A/3 where the Tribunal recorded that “Learned Counsel for the Operational Creditor submitted that he has instructions from the Corporate Debtor to withdraw the matter”. On basis of such noting in the earlier Order (which could even be typing error) the argument is tried to be made that there was offer of settlement. We do not accept such submissions. It would be strange that the Opposite Party gives instructions to the other side and other side on instructions from the Opposite Party withdrawing petition. Even otherwise, when present Application under Section 9 is filed, the earlier Reply Notice which was sent by the Corporate Debtor discloses Pre-existing dispute. The Section 9 Application claims debt relying on Ledger Account of Appellant itself. This read with the Notices on record shows various disputes pre-existing between parties. That being so, even if one is to look into merits in the alternative, the Application under Section 9 does not show that it deserves to be admitted. Appeal dismissed.
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