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IBC - Highlights / Catch Notes

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Initiation of CIRP - pre-existing dispute or not - While ...


Court Analyzes CIRP Start: Is a Civil Suit Necessary to Prove a Dispute Under IBC Section 8?

October 7, 2023

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - pre-existing dispute or not - While admitting that the civil suit was filed subsequent to the issue of notice under Section 8 of IBC, it has been contended that there is no need in every case for a civil suit or an arbitration to be pending before Section 8 notice and that a dispute as understood by the IBC is not limited to a pending suit or an arbitration but includes a real dispute as to payment between the parties. - AT

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