NCLT Can't Decide Suit Maintainability; Section 9 Application Rejected if Pre-existing Dispute Exists Under I&B Code.

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....Proceedings under I&B Code - Maintainability of suit - Rejection of application on the ground of pre-existing dispute - whether the suit is maintainable or not, such question cannot be determined by NCLT or by Appellate Tribunal - once on fact being there is pre-existing dispute, the application u/s 9 is not maintainable....