2023 (6) TMI 795

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...., Adv. Ms. Bharti Tyagi, AOR Mr. Siddharth Singh, Adv. Mr. Ram Kripal Singh, Adv. Ms. Meenu Singh, Adv. Ms. Shweta Sinha, Adv. Mr. Kartikay Bhargava, Adv. For the Respondent : Mr. Yadav Narender Singh, AOR Mr. Sanjeev Srivastava, Adv. Mr. K.K. Verma, Adv. Ms. Namrata Bhatnagar, Adv. ORDER In this appeal under Section 62 of The Insolvency and Bankruptcy Code, 2016 (hereafter referred to as....

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.... 24 per cent interest. The application under Section 9 was rejected by the National Company Law Tribunal (for short "NCLT", also known as adjudicating authority) on the ground that the demand had been complied with and that the claim also was disputed and time barred. The respondent, therefore, appealed to the NCLT which set aside the adjudicating authority's determination and directed the applica....

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....pplication under Section 9(5)(2)(d) if notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility. It is clear that such notice must bring to the notice of the operational creditor the "existence" of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending between the parties. Therefore, al....