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IBC - Highlights / Catch Notes

Home Highlights April 2024 Year 2024 This

Dismissal of Section 9 application - pre-existing dispute - The ...


Tribunal Dismisses Application Citing Genuine Dispute Over Debt, Upholds Prior Decision Against Insolvency Code Use.

April 5, 2024

Case Laws     Insolvency and Bankruptcy     AT

Dismissal of Section 9 application - pre-existing dispute - The Tribunal examined the evidence, including email correspondences, and concluded that a debtor-creditor relationship existed between the parties. Moreover, the Tribunal found that there was a genuine pre-existing dispute regarding the alleged debt, which precluded the application of the Insolvency and Bankruptcy Code. As a result, the Tribunal upheld the decision of the Adjudicating Authority to dismiss the petition.

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