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2018 (7) TMI 1963

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..... paid and as per agreement no interest was payable, the applications under Section 9 on the basis of claims for entitlement of interest, were not maintainable. If for delayed payment Appellant(s) claim any interest, it will be open to them to move before a court of competent jurisdiction, but initiation of Corporate Insolvency Resolution Process is not the answer. Appeal dismissed. - Company .....

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..... d. (Corporate Debtor). On appearance it was brought to the notice of the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench that principle amount of debt which was the only amount due has been paid to the Appellant(s). The Adjudicating Authority having noticed the same, by impugned orders dismissed the applications preferred by appeal(s). 2. Learned counsel for th .....

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..... 4. It is submitted that the debt includes the interest, but such submission cannot be accepted in deciding all claims. If in terms of any agreement interest is payable to the Operational or Financial Creditor then debt will include interest, otherwise, the principle amount is to be treated as the debt which is the liability in respect of the claim which can be made from the Corporate Debtor. .....

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