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Initiation of CIRP - pre-existing dispute - the dispute was ...


Corporate debtor's claim of pre-existing dispute rejected; no evidence of section 21 notice before section 8 demand notice.

June 7, 2023

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - pre-existing dispute - the dispute was neither raised before the issue of section 8 demand notice and also the notice under section 21 of the Arbitration and Conciliation Act, 1996 was not proven to be served on the operational creditor. In such a situation, the corporate debtor cannot claim ‘pre-existence of dispute’ in the adjudication of the section 9 application. - AT

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