ORDER :

1. We have heard Ms. S. Janani, learned counsel appearing for the appellant and Mr. Manu Yadav, learned counsel appearing for the respondent(s) at length.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.01.2019 passed by the National Company Law Appellate Tribunal (for short the “NCLAT”), New Delhi in Company Appeal (AT) (Insolvency) No. 739 of 2018 by which the NCLAT has allowed the said Appeal preferred by the respondent herein- Corporate Debtor and by quashing and setting aside the order passed by the National Company Law Tribunal (the “NCLT” for short), Mumbai admitting Section 9 of the IBC, the original appellant has preferred the present Appeal.

3. At the outset, it is required to be noted that, by the impugned judgment and order, the NCLAT has set aside the order passed by the NCLT admitting Section 9 application solely on the ground that much prior to issuance of the Demand Notice under Section 8(1) of the Insolvency and Bankruptcy Code, 2016 the ‘Corporate Debtor’ raised the question of standard of goods supplied by the ‘Operational Creditors’ upto 05.08.2017. However, it is required to be noted that the dispute with respect to the