9911796707
TMI Blog2023 (6) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... iddharth Singh, Adv. Mr. Ram Kripal Singh, Adv. Ms. Meenu Singh, Adv. Ms. Shweta Sinha, Adv. Mr. Kartikay Bhargava, Adv. For the Respondent : Mr. Yadav Narender Singh, AOR Mr. Sanjeev Srivastava, Adv. Mr. K.K. Verma, Adv. Ms. Namrata Bhatnagar, Adv. ORDER In this appeal under Section 62 of The Insolvency and Bankruptcy Code, 2016 (hereafter referred to as "IBC"), the grievance of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 9 was rejected by the National Company Law Tribunal (for short "NCLT", also known as adjudicating authority) on the ground that the demand had been complied with and that the claim also was disputed and time barred. The respondent, therefore, appealed to the NCLT which set aside the adjudicating authority's determination and directed the application be proceeded with. At the outset, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ispute has been received by the operational creditor or there is a record of dispute in the information utility. It is clear that such notice must bring to the notice of the operational creditor the "existence" of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending between the parties. Therefore, all that the adjudicating authority is to see at this stag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent, were disputed did exist thus justifying the adjudicating authority's decision to decline the application. The NCLAT in this Court's opinion, fell into error and holding otherwise. For the above reasons, the appeal is allowed. The application i.e. CA No. IB 870(ND)/2018 is, therefore, dismissed. It is clarified that it is open to the respondent to claim the disputed sum, in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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