TMI Blog2019 (10) TMI 593X X X X Extracts X X X X X X X X Extracts X X X X ..... ground to allege malicious intent on the part of the Financial Creditor for the purpose of Section 65 of the I B Code. The validity of the Assignment Agreement cannot be decided by the Adjudicating Authority and, therefore, the same issue could not been reiterated. The appeal stands disposed of as withdrawn. - Company Appeal (AT) (Insolvency) No. 111 of 2019 - - - Dated:- 3-5-2019 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (India) Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short, the I B Code ). The main plea taken by the appellant is that the Assignment Agreement dated 17th April, 2015 is not genuine. This Appellate Tribunal by order dated 30th October, 2018 observed as follows: 4. We have heard the learned Counsel appearing on behalf of the parties and pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Corporate Debtor alleges the same and raise the objection under Section 65 of the Code. No such plea has been taken by the Corporate Debtor before the Adjudicating Authority alleging fraud on the part of the Financial Creditor for initiation of proceedings under Section 65 of the Code. Therefore, this Appellate Tribunal cannot look into such question of fraud. 7. Further, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent on the part of the Financial Creditor for the purpose of Section 65 of the I B Code. 3. We have already held that the validity of the Assignment Agreement cannot be decided by the Adjudicating Authority and, therefore, the same issue could not been reiterated. 4. After the order was dictated, learned counsel for the Appellant sought permission to withdraw the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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