Maintainability of application under I&B Code - pre-existing ...
Section 9 Application Admissible Under I&B Code: Dispute or Counterclaim Doesn't Block Claim for Payment Rights.
July 26, 2019
Case Laws Insolvency and Bankruptcy AT
Maintainability of application under I&B Code - pre-existing dispute or not - It is clear that the claim means a right to payment even if it is disputed. Therefore, merely because the ‘Corporate Debtor’ has disputed the claim by showing that there is certain counter claim, it cannot be held that there is pre-existence of dispute - directed to admit the application u/s 9
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