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[Cites 0, Cited by 1] [Section 9] [Entire Act]

Union of India - Subsection

Section 9(5) in Insolvency And Bankruptcy Code, 2016

(5)The Adjudicating Authority shall, within fourteen days of the receipt of the application under sub-section (2), by an order-
(i)admit the application and communicate such decision to the operational creditor and the corporate debtor if,-
(a)the application made under sub-section (2) is complete;
(b)there is no [payment] [Substituted 'repayment' by Act No. 26 of 2018, dated 17.8.2018.] of the unpaid operational debt;
(c)the invoice or notice for payment to the corporate debtor has been delivered by the operational creditor;
(d)no notice of dispute has been received by the operational creditor or there is no record of dispute in the information utility; and
(e)there is no disciplinary proceeding pending against any resolution professional proposed under sub-section (4), if any.
(ii)reject the application and communicate such decision to the operational creditor and the corporate debtor, if-
(a)the application made under sub-section (2) is incomplete;
(b)there has been [payment] [Substituted 'repayment' by Act No. 26 of 2018, dated 17.8.2018.] of the unpaid operational debt;
(c)the creditor has not delivered the invoice or notice for payment to the corporate debtor;
(d)notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility; or
(e)any disciplinary proceeding is pending against any proposed resolution professional:
Provided that Adjudicating Authority, shall before rejecting an application under sub-clause (a) of clause (ii) give a notice to the applicant to rectify the defect in his application within seven days of the date of receipt of such notice from the adjudicating Authority.