2024 (11) TMI 674

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....challenge to the Impugned Order, as it was rendered in CP(IB) No. 33/BB/2021, in which the proceeding under Section 9 of I & B Code of 2016, was decided by the order dated 31.03.2021, in which the Learned Adjudicating Authority held that, since part of the claim has already been paid and the remaining amount to be paid as claimed by the appellant is about Rs. 33 Lakhs which is stated to be the interest, no strong case has been made out against corporate debtor, prima facie that it has become insolvent and therefore provisions of the I & B Code cannot be invoked and accordingly disposed of the company petition directing the Respondent to settle the balance claim of the Petitioner/Appellant herein, as per the evidence available on record, wit....

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....sed his Section 9 application, he has filed this appeal. On the contrary, the respondent has submitted that the appellant has not approached this Tribunal with clean hands, because he simultaneously moved MSEFC on 15.06.2020 under Section 18(1) of MSME Act, for recovery of the said amounts, MSEFC in its order being MSEF/CR/196/2020 dated 13.09.2021 finally disposed of the case as dismissed and pendency of the same has not been brought to the knowledge of this Tribunal, as well as the NCLT, when the proceeding under Section 9 of I & B Code, 2016 was being decided. She further submitted that, in pursuance to the impugned order of NCLT dated 31.03.2021 he has remitted an amount of Rs. 23,83,940/- to the Appellant in July 2021 and has finally s....