Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights May 2019 Year 2019 This

Recovery of debt under I & B Code - pre-existing dispute - ...

Case Laws     Insolvency and Bankruptcy

May 24, 2019

Recovery of debt under I & B Code - pre-existing dispute - copies of emails placed on record revealed that as early as in October, 2014 about some of the defects noticed in the work done by the Petitioner - It is clear that there is an existing of ‘dispute’ (default) in this case prior to the date of raising of Invoices by the Operational Creditor - Petition not admitted

View Source

 


 

You may also like:

  1. Dismissal of Section 9 application - pre-existing dispute - The Tribunal examined the evidence, including email correspondences, and concluded that a debtor-creditor...

  2. Initiation of CIRP - existence of genuine pre-existing dispute - From the email of 29.04.2018, it is clear that the Corporate Debtor gave opportunities to the...

  3. Maintainability of application u/s 9 of IBC, 2016 for non-payment of dues arising from supply of manpower services hinges on existence of pre-existing dispute between...

  4. Rejection of Section 9 application - Initiation of CIRP - pre-existing dispute - The tribunal meticulously analyzed the arguments from both sides and relevant legal...

  5. The Corporate Debtor admitted outstanding operational debt owed to the Operational Creditor, citing adverse cash flow as the reason for non-payment, without attributing...

  6. CIRP - Rejection of Section 9 Application on the ground of pre-existing dispute - The dispute stemmed from services provided by the Operational Creditor to the Corporate...

  7. Initiation of CIRP - pre-existing dispute - the Adjudicating Authority has erred by not considering the various e-mails communication exchanged between the corporate...

  8. Initiation of CIRP - Operational Creditors - existence of debt and dispute or not - This petition has been filed to recover disputed debt, which is not the object of the...

  9. Initiation of CIRP - existence of pre-existing dispute or not - The emails relied upon the Adjudicating Authority are not directed to raise a pre-existing dispute rather...

  10. Initiation of CIRP - existence of pre-existing dispute or not - The e-mail dated 10.05.2021 sent by the Respondent to the Appellant under title of “Intimation of breach...

  11. Rejection of section 9 application filed by the Appellant - pre-existing dispute - The NCLAT determined that the email communication constituted a clear dispute...

  12. Initiation of CIRP - Operational Creditors - existence of pre-existing dispute or not - Careful reading of Section 8(2)(a) of the Code provides that the existence of...

  13. Initiation of CIRP - existence of debt and pre-existing dispute or not - When no action is initiated in respect of the said mismanagement, projecting the mismanagement...

  14. Initiation of CIRP - pre-existence of dispute - There was no dispute existing prior to the first demand notice and only disputes raised prior to the first demand notice...

  15. Pre-existing dispute regarding machine's performance and delayed delivery existed before demand notice. Respondent provided evidence of documented communication with...

 

Quick Updates:Latest Updates