There exists a dispute between the parties which are prior to issuance of Demand Notice, neither the Adjudicating Authority nor this Appellate Tribunal, in summary jurisdiction, can go into those issues which otherwise require a regular trial – M/s. M + R Logistics (India) Private Limited Vs. M/s AGA Publications Limited – NCLAT New Delhi

NCLAT referring Mobilox Innovations case held that As per the decision of the Hon’ble Apex Court, the Corporate Debtor (Respondent in this case) must bring to the notice of Operational Creditor, the existence of a dispute and/or the record of the pendency of a suit or arbitration proceeding filed before the receipt of such notice or invoice in relation to such dispute. In the present case, the Respondent very well brought to the notice of the Appellant with regard to the existence of dispute much prior to filing Section 9 Application. Therefore, the Judgment of Hon’ble Apex Court squarely applicable to the facts of present Case.(p20)

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