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IBC - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

Initiation of CIRP - Demand Notice on unpaid Operational Debt - ...


NCLT Erred in Admitting Section 9 Application for Insolvency Amid Genuine Dispute Over Unpaid Operational Debt.

December 15, 2022

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Demand Notice on unpaid Operational Debt - existence of dispute - When we look into the contents of allegations made in the Reply Notice, it is clear that Reply notice raises substantial and genuine issues to oppose the claim of the Operational Creditor’s amount due. - Present is a case where it cannot be said that defence taken by the Corporate Debtor in Reply Notice is a moonshine defence unsupported by any evidence. - NCLT ought not to have admitted the Section 9 Application. - AT

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