2018 (3) TMI 1890

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....Bhat, (Member (J)) For Appellant: Sakal Bhushan and Rohit Gandhi, Advocates For Respondents: Ashish Aggarwal and Gurcharan Singh, Advocates ORDER 1. The appellant preferred an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'I & B Code'). On appearance, the respondent - 'Corporate Debtor' brought to the notice of t....

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....eld as follows: "54. According to the learned counsel for the respondent, the definition of "dispute" would indicate that since NDA does not fall within any of the three sub-clauses of Section 5(6), no "dispute" is there on the facts of this case. We are afraid that we cannot accede to such a contention. First and foremost, the definition is an inclusive one, and we have seen that the wor....

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....tuted a breach of trust and a breach of NDA between the parties. They were further told that all amounts that were due to them were withheld till the time the matter is resolved. On 10-2-2015, the respondent referred to NDA of 26-12-2014 and denied that there was a breach of NDA. The respondent went on to state that the appellant's claim is unfounded and untenable, and that the appellant is tr....

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....the respondent again to finalise the time and place. Apparently, nothing came of the aforesaid emails and the appellant then fired the last shot on 19-9-2016, reiterating that no payments are due as NDA was breached." 3. Referring to the aforesaid paragraph, learned counsel for the appellant submitted that the Adjudicating Authority was required to see whether there is a plausible contention wh....