RAJRATAN BABULAL AGARWAL Vs. SOLARTEX INDIA PVT. LTD.

JUDGEMENT

(1.) By the impugned order, the National Company Law Appellate Tribunal (hereinafter referred to as 'NCLAT' for brevity) has dismissed the appeal filed by the appellant challenging the order passed by the National Company Law Tribunal (hereinafter referred to as 'NCLT' for brevity) dtd. 28/5/2020. By the said order, the NCLT admitted an application filed by the first respondent under Sec. 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'IBC')against the second respondent. The third respondent was appointed as the Interim Resolution Professional and a moratorium followed. The appellant is an ex-director of the second respondent.

(2.) The question which falls for decision is whether the appellant has raised a dispute which can be described as a pre-existing dispute' as understood by this Court in the decision in Mobilox Innovations Private Limited v. Kirusa Software Private Limited, (2018) 1 SCC 353. NCLT has rejected the version of the appellant that there exists a pre-existing dispute which stands affirmed by the NCLAT.

(3.) The facts necessary for resolution of the Us can be stated as follows: