TaxTMI 
TaxTMI 
2021 (2) TMI 474
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....l for the Operational Creditor appears. Ld. Counsel for the Corporate Debtor appears. An application was filed by the Operational Creditor under Section 9 of the I & B Code, 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor claiming an amount of Rs. 5,61,000/- for default in payment. This Application has come up for hearing today. Ld. Counsel for the Corporate Debtor filed objection and submitted that the Application is not maintainable on the ground that similar application was filed by the self same Operational Creditor which is withdrawn vide order dated 04/09/2018. A look at the order demonstrates that this Applicant was permitted to withdraw a similar application filed for the self same caus....
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....to withdraw the matter is granted. Matter stands withdrawn and disposed off." 5. The Appellant says that it had subsequently sent another Notice under Section 8 of I&B, Code on 25th January, 2019 as per Annexure A/4- Page 32 and the Respondent appears to have replied even to this Notice on 08th February, 2019 (Annexure A/5- Page 37) and referred to the earlier developments and the earlier disputes raised. The Appellant however filed fresh Application under Section 9 of I&B, Code having C.P. (IB) 605/KB/2019 vide Annexure A/6 - Page 44. 6. The Learned Counsel for the Appellant is submitting and the Appeal also claims that the Impugned Order is not sustainable as fresh notice under section 8 of I&B, Code was given and thus there was a fresh....