2017 (9) TMI 1877

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....(Judicial)Mr. Balvinder Singh Member (Technical) For Appellant: Mr. D.Moitra, Advocate. For Respondent: Mr. K.K. Sharma Sr Advocate with Mr. Avrial, Advocate. JUDGMENT The Appellant- 'Operational Creditor' preferred an application under section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'I&B Code) for initiation of 'Corporate Insolvency Resolution....

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....e, which have been noticed by the Adjudicating Authority. 4. We have heard Learned Counsel for the parties and perused the record. 5. From letter dated 1st August, 2016 written on behalf of appellant- 'Operational Creditor, it appears that statutory notice for winding up under section 433(e) and 434(1)(a) of the Companies Act, 1956 was issued by appellant on the respondent-'Corporate Deb....

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....porate Debtor', by letter dated 20th September, 2016 the claim was denied and the appellant was intimated as follows: "It is pertinent to mention here that it is completely incorrect to state that goods and materials worth Rs. 1,48,37,586/- were supplied by your client to our client. Our Client never acknowledged and accepted the said goods and materials. 5. That the contents of para no.5 of ....