The appeal was filed against the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai. The application was filed by the 1st Respondent, an Operational Creditor, against the 2nd Respondent, the Corporate Debtor. The Adjudicating Authority admitted the application via an order dated September 15, 2017, leading to the imposition of a moratorium. The appellant contends that a dispute exists, rendering the Section 9 application not maintainable.
The 1st Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against the 2nd Respondent, the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai, admitted the application via an order dated September 15, 2017. The appellant, Yogendra Yasupal, argued that a dispute existed, supported by an anticipatory bail petition, rendering the Section 9 application not maintainable. The court found that the document preferred by the Operational Creditor was complete and that no specific objection was made by the Corporate Debtor in writing regarding the quality of services. Therefore, the court concluded that no dispute existed.
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1st Respondent- ‘Operational Creditor'…
The application having been admitted by…
The appeal was filed against the admission of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) by the Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai. The application was filed by the 1st Respondent, an Operational Creditor, against the 2nd Respondent, the Corporate Debtor. The Adjudicating Authority admitted the application via an order dated September 15, 2017, leading to the imposition of a moratorium. The appellant contends that a dispute exists, rendering the Section 9 application not maintainable.
The 1st Respondent, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against the 2nd Respondent, the Corporate Debtor. The Adjudicating Authority (National Company Law Tribunal), Chennai Bench, Chennai, admitted the application via an order dated September 15, 2017. The appellant, Yogendra Yasupal, argued that a dispute existed, supported by an anticipatory bail petition, rendering the Section 9 application not maintainable. The court found that the document preferred by the Operational Creditor was complete and that no specific objection was made by the Corporate Debtor in writing regarding the quality of services. Therefore, the court concluded that no dispute existed.
1st Respondent- ‘Operational Creditor'…
The application having been admitted by…