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 February 2024 Year 2024 This

Dismissal of section 9 application - Initiation of CIRP - ...


NCLAT Confirms Dismissal of Insolvency Process Due to Pre-existing Dispute Over E-wallet Services and Invoice Issues.

February 13, 2024

Case Laws     Insolvency and Bankruptcy     AT

Dismissal of section 9 application - Initiation of CIRP - pre-existing dispute - NCLAT held that, When there is no proof of completion or delivery of the services or works in the appeal paper book or Application and with the afore-mentioned background, it can be safely concluded that with multiple events as discussed herein, there is sufficient evidence of pre-existing dispute regarding the product and services in the form of e-wallet and also incorrect raising of final invoice. - NCLT rightly dismissed the application.

View Source

 


 

You may also like:

  1. The National Company Law Appellate Tribunal, New Delhi, addressed the admissibility of a section 9 application for initiation of Corporate Insolvency Resolution Process...

  2. NCLAT upheld dismissal of Section 9 IBC application concerning outstanding payment dispute between parties. WhatsApp communications evidenced pre-existing dispute...

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

  4. Existence of pre-existing dispute or not - Applicability of provision of Sales of Goods Act, 1930 - The delivery of the goods and the acceptance of the goods by use of...

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

  6. NCLAT dismissed appeal against order rejecting Section 9 application by Operational Creditor to initiate Corporate Insolvency Resolution Process. Pre-existing dispute...

  7. NCLAT allowed the appeal and set aside Section 9 proceedings under IBC against the Corporate Debtor. The tribunal found a pre-existing dispute between parties involving...

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

  9. 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...

  10. Dismissal of Section 9 petition - initiation of CIRP - Dues of employees - The NCLAT examined the employment tenure of the appellant and found evidence supporting...

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

  12. NCLAT dismissed an appeal concerning pre-CIRP electricity dues, affirming NCLT's jurisdiction over post-resolution plan disputes under IBC Section 60(5). The Tribunal...

  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 - Corporate Debtor failed to make repayment of its dues - pre-existing dispute or not - the disputed invoices were rightly sent to the respondent -...

  15. The Adjudicating Authority rightly rejected the petition filed u/s 9 of the Code due to a pre-existing dispute between the parties. The Corporate Debtor raised a...

 

Quick Updates:Latest Updates