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of <h1>Five-Day Appeal Delay Excused, But Dismissed Due to Indeterminable Claims & No Pre-Existing Dispute.</h1> NCLAT, New Delhi, condoned a five-day delay in filing an appeal under Section 9 of the Insolvency and Bankruptcy Code, 2016. However, the appeal was ... Admission of section 9 application - pre-existing disputes or not - it is shown that the amount is payable to the ‘Corporate Debtor’ and there are claims and counter claims, which has not been adjudicated by the Adjudicating Authority - HELD THAT:- Such ground cannot be accepted as the disputed question relating to claims and counter claims cannot be determined by Adjudicating Authority in an application under Section 9 of the I&B Code. In view of the judgment of the Hon’ble Supreme Court in M/S. INNOVENTIVE INDUSTRIES LTD. VERSUS ICICI BANK & ANR. [2017 (9) TMI 58 - SUPREME COURT], even if amount is disputed or payable and is found to be more than Rs.1,00,000/-, the application under Section 9 is to be admitted. In the present case, there is no pre-existing dispute pending before the parties. Therefore, the Appellant cannot take any advantage relating to disputed bills, the question of joint inspection of contract etc. does not arise. In absence of any merit, the Appeal is dismissed. The National Company Law Appellate Tribunal, New Delhi, condoned a five-day delay in preferring an appeal. The appeal under Section 9 of the Insolvency and Bankruptcy Code, 2016 was dismissed as the disputed claims could not be determined in the application. The appeal was dismissed as there was no pre-existing dispute pending between the parties.
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