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Elecon Engineering Co. Ltd. Versus Ducon Technologies (I) Pvt. Ltd.

2018 (2) TMI 986 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Corporate insolvency process - existence of dispute - Held that:- We find that there is an ‘existence of dispute’ pending even before the issuance of demand notice under sub-section (1) of Section 8 of the I & B Code. - In view of ‘existence of d .....

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nsi Lal Bhat, JJ. For The Appellant : Shri Priyam Shah, Advocate For The Respondent : Shri Rakesh Sinha and Shri Arjun Harkauli, Aadvocates ORDER The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the .....

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and whereunder the application preferred by the appellant under Section 9 of the I & B Code has been rejected. 2. An application for condonation of delay has also been filed and stated that there is a delay of 15 days delay in preferring this app .....

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and the respondent both on the question of condonation of delay and on merit. 4. From the record we find that free certified copy of the impugned order dated 2nd November, 2017 was supplied to the appellant on 15th November, 2017 who was required to .....

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was closed from 23rd December, 2017 but the Registry was open which closed from 28th December, 2017. However, even if we accept the submission made on behalf of the appellant that re-opening of 2nd January, 2018 as the last date of filing the appeal .....

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& B Code, as noticed by the Adjudicating Authority and quoted below: In another email dated 8.7.2015 come from the corporate debtor to the petitioner discloses that a statement of accounts has been furnished to the petitioner incorporating the a .....

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