2020 (3) TMI 89

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..... te Debtor', in respect of whom 'Liquidation Order' has been made, cannot make an application for initiation of 'Corporate Insolvency Resolution Process' under Chapter II, which includes application under section 9. Even if, it is accepted that there is no pre-existing dispute, the application under section 9 preferred by Meka Dredging Company Pvt. Ltd. (Corporate Debtor) is .....

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..... as 'Operational Creditor' for initiation of 'Corporate Insolvency Resolution Process' against Sapura Engineering Construction (India) Pvt. Ltd. was rejected. 2. The learned Counsel appearing on behalf of the Appellant M/s. Meka Dredging Company Pvt. Ltd. ('Corporate Debtor' under 'Liquidation') submitted that there is no pre-existing dispute. When we pointed ou .....

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..... te corporate insolvency resolution process under this Chapter, namely:- (a) a corporate debtor undergoing a corporate insolvency resolution process; or (b) a corporate debtor having completed corporate insolvency resolution process twelve months preceding the date of making of the application; or (c) a corporate debtor or a financial creditor who has violated any of the terms of resolutio .....

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