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Judgment
Heard Learned Counsel for the Appellant. He submits that the Operational Creditor's claim is based on the forged & fabricated invoices and for the same, the Appellant has filed the complaint in Police Station. Thus, there is a pre-existing dispute. However, Ld. Adjudicating Authority has erroneously admitted the Application under Section 9 of the IBC.
We also heard on application I.A. No. 2087 of 2021 an application for stay.
Issue notice to Respondents on Appeal and I.A.No. 2087/2021.
Requisites along with process fee be filed, if not filed, by 27.09.2021. If the Appellant provides the e-mail address of the Respondent. Let notice also be issued through e-mail.
Let the matter be fixed 'For Admission (After Notice)' on 23rd November, 2021.
At this stage Learned Counsel for the Appellant submits that the proceedings of the CIRP is not stayed, therefore, he may be permitted to withdraw the Appeal.
He is permitted to do so. Thus, the Appeal dismissed as withdrawn.