2023 (1) TMI 1273

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....ptcy<br>Justice Ashok Bhushan, Chairperson And Barun Mitra, Member (Technical) For the Appellant: Mr. Ashutosh Ranjan, Ms. Savita Valecha, Advocates For the Respondent: Mr. Karan Valecha, Advocate ORDER Heard Learned Counsel for the parties. 2. This is an Appeal filed against the Order dated 03.11.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Indore Bench....

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....rder: "8. At the outset, we note that this application is filed by the Operational Creditor for execution of terms of settlement agreement dated 07.11.2017. In our considered opinion, the amount arising out of some settlement agreement cannot be termed as operational debt within the meaning of Section 5(21) of the IBC, 2016. 9. Apart from above, it is not in dispute that the Corp....

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....of Rs. 1,28,00,000/- (Rs. 1,44,82,040-Rs. 16,00,000/-) towards the interest. We sincerely feel that the Operational Creditor has been using the IBC proceeding for recovery of disputed amount and which is not object of the Insolvency and Bankruptcy Code, 2016. On this ground alone, this application is not maintainable. 10. Moreover, there appears to be a dispute about the terms of settleme....