The suit between the parties was pending before the date on which demand notice was issued under sub-section (1) of Section 8 of the Code and was also pending when the application under Section 9 of the Code was admitted, the application under section 9 of the Code was not maintainable – Kanti Commercials Pvt. Ltd. Vs. Belthangady Taluk Rubber Growers Marketing & Processing Co-operative Society Limited & Ors.-NCLAT New Delhi
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