2019 (6) TMI 133

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.... A. I. S. CHEEMA J. (Judicial Member) and KANTHI NARAHARI Technical Member For Appellant: Mr. Sudhanshu Batra with Ms. Damayanti, Senior Advocates and Mr. Aditya Mishra, Advocates For Respondents: Mr. Arvind Gupta, Ms. Henna George, Mr. Ishan Bisht, Advocates ORDER This appeal has been preferred by Appellant ('Operational Creditor') against order dated 12th February, 2019 whereby the Adjudicat....

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....etter dated 5th October, 2018 and find that general notice in terms of settlement and is not a Demand Notice u/s 8(1). In fact the Demand Notice was issued by Appellant subsequent to filing of suit on 30th October, 2018. Learned counsel appearing on behalf of the Appellant submitted that the suit is filed in a court which has no jurisdiction and the suit has been filed based on no evidence. Relia....

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....ion 8(1) of the Code. Under Section 8(2), the corporate debtor can, within a period of 10 days of receipt of the demand notice or copy of the invoice mentioned in sub-section (1), bring to the notice of the operational creditor the existence of a dispute or the record of the pendency of a suit or arbitration proceedings, which is pre-existing-i.e. before such notice or invoice was received by the ....

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....perational 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 stage is whether there is a plausible contention which requires further investigation and that the "dispute" is not a patently feeble legal argument or an assertion of fact unsupport....