(Dhananjaya Y. Chandrachud, C.J. and Pamidighantam Sri Narasimha and J.B. Pardiwala, JJ.)
Biswa Janani Services, Bhubaneshwar _________________ Appellant;
v.
Shree Nokoda Ispat Ltd. ____________________________ Respondent.
Civil Appeal No of 2023 (Diary No 41868/2022), decided on February 6, 2023
The Order of the court was delivered by
Order
1. The concurrent findings in this case indicate that there was a pre-existing dispute and hence the application under the Insolvency and Bankruptcy Code 2016 was not admitted.
2. It is in this backdrop that the proceedings under the Insolvency and Bankruptcy Code 2016 for initiating the Corporate Insolvency Process have not been entertained. There is no error in the concurrent findings of fact.
3. The appeal is dismissed.
4. However, the appellant would be at liberty to avail of such other remedies as are available in law in which event the observations contained in the orders of the National Company Law Tribunal and the National Company Law Appellate Tribunal shall not affect the merits of the claim.
5. Pending applications, if any, stand disposed of.
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