NISHANT
Where a dispute is in existence prior to issuance of notice under sub-section (1) of section 8, the application under section 9 is not maintainable and the Adjudicating Authority has no power to suggest any name for appointment of resolution professional
NISHANT MEHROTRA 22 May 2018

Where a dispute is in existence prior to issuance of notice under sub-section (1) of section 8, the application under section 9 is not maintainable and the Adjudicating Authority has no power to suggest any name for appointment of resolution professional

National Company Law Appellate Tribunal :: Where it is clear that a dispute exists prior to issuance of demand notice under sub-section (1) of   of section 8, the application under section 9 is not maintainable. Further, the Code does not empower the Adjudicating Authority to suggest any name or appoint any interim resolution professional/resolution professional of its own choice.

Case:

Sandeep Reddy

              vs
Jaycon Infrastructure Ltd.
IA No. 743 of 2017 & Company Appeal (AT) (Insolvency) No.228 of 2017
 JUSTICE S J MUKHOPADHAYA, CHAIRPERSON &
BANSI LAL BHAT, MEMBER(JUDICIAL)
        26th October2017

 
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