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Judgment
O R D E R
15.09.2022: This appeal is directed against the order dated 06.10.2020 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Court-V) by which an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 (in short 'Code') by the Appellant has been dismissed on the ground that the application is not maintainable because of the pre-existing dispute.
It is admitted fact that the application has been dismissed in limine. During the course of hearing, both Counsel for the parties have agreed that the impugned order may be set aside and the matter may be remanded back to the Adjudicating Authority to decide it again after taking reply of the Respondent into consideration and passing a speaking order. It is also a case of the Respondent that the issue regarding the pre-existing dispute may be kept open so that in case it is ultimately found by the Adjudicating Authority that there is a pre-existing dispute then the application may be dismissed.
Counsel for the Appellant has not raised any objection in this regard. Consequently, the present appeal is hereby allowed and the impugned order is set aside. The Application bearing No. (IB) 898 (ND)/2020 is restored. The matter is remanded back to the Adjudicating Authority to reconsider the application filed under Section 9 of the Code, in accordance with law, after taking into consideration the Reply filed by the Respondent. It is needless to mention that Respondent shall have the right to raise all the issues which may be available to them for the dismissal of the application including the pre-existing dispute. It is also made clear that we have not touched the merits of the dispute between the parties at all.
The parties are directed to appear before the Adjudicating Authority on 12th October, 2022.