# In the matter of B. Parvathaiah Vs Chillale Rajesh, Interim Resolution Professional of Vivin Drugs & Pharamaceutials Pvt. Ltd.

> NCLAT judgment dated 2024-11-27. Citation: TCN-2024-NCLAT-00723. The Appellant, the Corporate Debtor, challenges the Impugned Order of 11.01.2024, passed in…

- **Court:** NCLAT
- **Order date:** 27 Nov 2024
- **Citation:** TCN-2024-NCLAT-00723
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-chennai/b-parvathaiah-vs-chillale-rajesh-interim-resolution-professional-of-vivin-drugs-cfd72ef8

## Summary

### Background

The Appellant, the Corporate Debtor, challenges the Impugned Order of 11.01.2024, passed in CP (IB) No. 87/9/HBD/2024 by the NCLT, Hyderabad Bench, which initiated proceedings under Section 9 of the I&B Code.

## Facts

The Appellant is the Corporate Debtor.

The Impugned Order was passed by the NCLT, Hyderabad Bench.

The Impugned Order is dated 11.01.2024 and was passed in CP (IB) No. 87/9/HBD/2024.

The Appellant claims a pre-existing dispute.

The Appellant is willing to deposit Rupees one crore within 3 days.

The Appellant must serve notice to Respondent No. 2 via email, WhatsApp, and registered post.

The proceedings are kept in abeyance subject to the deposit of Rupees one crore.

The matter was taken up as fresh on 27.11.2024.

The Appellant would prepare the Demand Draft, in the name of the Respondent and would deposit it with the joint registrar of this tribunal.

## Issues and analysis

### Issue 1: Whether the proceedings initiated under Section 9 of the I&B Code are vitiated due to a …

**Ratio:** The Appellate Tribunal refrains from

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**Reasoning:** The determination of a pre-existing dispute requires hearing and considering the version

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**Interpretation:** The existence of a pre-existing dispute is a valid ground for challenging the

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**Application:** The issue will be determined after hearing both sides and considering the

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** B. PARVAT…
- **Respondents:** Vivin Drugs &…; Chillale…; +1 more
- **Advocates:** AK Myl…; Pranava C…; +1 more

## Timeline

- **2024-01-11 — Impugned…**: Date of the Impugned Order passed by NCLT,…
- **2024-11-27 — Hearing…**: The matter was taken up…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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