CIRP - Rejection of Section 9 Application on the ground of ...

Case Laws Insolvency and Bankruptcy

April 10, 2024

CIRP - Rejection of Section 9 Application on the ground of pre-existing dispute - The dispute stemmed from services provided by the Operational Creditor to the Corporate Debtor, for which invoices were raised. However, the Corporate Debtor disputed the claims, citing demurrages imposed by the Principal Contractor. The Corporate Debtor consistently denied the claims made by the Operational Creditor, and this dispute was communicated to the Operational Creditor before the issuance of the Demand Notice under the Code. The Appellate Tribunal upheld the decision of the Adjudicating Authority, emphasizing that the materials on record clearly indicated the existence of a pre-existing dispute.

View Source

← Previous Next →

CIRP - Rejection of Section 9 Application on the ground of ...

Case Laws Insolvency and Bankruptcy

April 10, 2024

You may also like:

Rejection of section 9 application - pre-existing dispute - The Adjudicating Authority did not commit any error in holding that there is a pre-existing dispute. When the...

Initiation of CIRP - pre-existing dispute - the Adjudicating Authority has erred by not considering the various e-mails communication exchanged between the corporate...

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...

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

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...

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

Initiation of CIRP - Pre-Existing Disputes - This Tribunal is of the considered view that there is a Pre-Existing Dispute and the aforenoted correspondence establishes...

Initiation of CIRP - The Corporate Debtor is not to raise bogie of disputes but there has to be real substantial dispute. The existence of dispute when the Demand Notice...

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

Admissibility of CIRP application - pre-existing dispute - Admittedly, Appellant is pursuing the litigation before the Bombay High Court in regard to the foreign decree...

Initiation of CIRP - existence of genuine pre-existing dispute - From the email of 29.04.2018, it is clear that the Corporate Debtor gave opportunities to the...

The NCLAT held that the corporate debtor failed to substantiate a pre-existing dispute with the operational creditor regarding the unpaid operational debt. The corporate...

Admission of section 9 application - initiation of CIRP - pre-existing disputes or not - he National Company Law Appellate Tribunal (NCLAT) found ample evidence of a...

Rejection of Section 9 application - CIRP - cyber fraud committed against the Respondent - pre-existing disputes or not - While a cyber fraud occurred, the Tribunal...

Initiation of CIRP - NCLT rejected the application on the ground of pre-existing dispute - the purported dispute considered by the Adjudicating Authority as a result of...

Quick Updates: