2019 (8) TMI 783

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.... Cheema, Member (Judicial) And Mr Kanthi Narahari, Member (Technical) For The Appellant : Mr. Aditya Diwan, Mr. Arpit Marwah and Mr. Karan Nagpal, Advocates For The Respondent : Mr. Y. Suryanarayana, Advocate ORDER This appeal has been preferred by 'Mr. Praveen Kumar Mundra', who claims to be 'Operational Creditor' of 'CIL Securities Limited' (Corporate Debtor) against order dated 10th....

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....rred that by virtue of an agreement between the parties, the remedy for a dispute is available under the Trading Member and authorised 'Person Agreement' and that as per the provisions of the GST Act, 2017 it is applicable. 4. Taking into consideration the fact that the Respondent (Corporate Debtor) was ready to pay the amount subject to the process of the GST, the Adjudicating Authority refuse....

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....lant refuses to accept the claimed amount, in that case adverse opinion may be formed by this Appellate Tribunal." 6. Learned counsel appearing on behalf of the respondent while he submitted that the Respondent is not a 'corporate person' within the meaning of Section 3(7) of the I&B Code, submitted that in spite of the same, it has come out with the Demand Draft dated 5th March, 2019 bearing N....

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..... 8. On hearing the counsel for the parties, we find that the Respondent had taken a plea before the Adjudicating Authority that it is agreeable to pay the amount subject to the registration of the 'Operational Creditor' under the 'GST Act, 2017'. It further appears that before the admission of the application, the Respondent was ready with the draft for Rs. 3,36,978.48. However, the Appellant ....