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of <h1>Tribunal upholds dismissal of insolvency application appeal</h1> <h3>M/s. Suri Rajendra Rolling Mills Versus M/s. Bengani Udyog Pvt. Ltd.</h3> M/s. Suri Rajendra Rolling Mills Versus M/s. Bengani Udyog Pvt. Ltd. - TMI Issues:1. Maintainability of the application under Section 9 of the Insolvency and Bankruptcy Code, 2016.2. Fresh cause of action due to a subsequent notice under Section 8 of the I&B Code.3. Existence of pre-existing disputes between the parties.4. Admissibility of the Section 9 application based on ledger account and past notices.Issue 1: Maintainability of the application under Section 9:The judgment pertains to an appeal arising from an order dismissing an application under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor contended that the application was not maintainable as a similar application had been withdrawn previously without liberty to file a fresh one. The Tribunal upheld the dismissal, emphasizing that the withdrawal of the earlier application without liberty to file a fresh one rendered the subsequent application not maintainable.Issue 2: Fresh cause of action due to subsequent notice under Section 8:The Appellant argued that a fresh cause of action arose due to a subsequent notice issued under Section 8 of the I&B Code. The Tribunal examined the sequence of events, including the withdrawal of the earlier application and subsequent notices. Despite the Appellant's claim of a fresh cause of action, the Tribunal found that the new application under Section 9 did not present any new grounds or circumstances warranting a different outcome.Issue 3: Existence of pre-existing disputes:The judgment highlighted the pre-existing disputes between the parties, as evidenced by a reply from the Corporate Debtor to a previous notice under Section 8. The Tribunal noted that the Section 9 application relied on the ledger account of the Appellant, which, when considered alongside the past notices and disputes, failed to demonstrate a clear entitlement to admission.Issue 4: Admissibility based on ledger account and past notices:The Tribunal scrutinized the contents of the Section 9 application, which referenced the earlier proceedings and disputes. Despite the Appellant's assertion of settlement discussions leading to the withdrawal of the initial application, the Tribunal rejected this argument, emphasizing the lack of supporting evidence on record. Additionally, the Tribunal found that the application did not merit admission due to the existence of unresolved disputes between the parties.In conclusion, the Tribunal dismissed the appeal, ruling that there was no merit in the arguments presented. The Appellant was granted liberty to pursue alternative remedies in other forums if permissible by law.
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