Pre-existing dispute between parties regarding inflated invoices ...

Inflated invoices by employees led to pre-existing dispute over payments under Master Agreement before insolvency demand.

Case Laws     IBC

November 23, 2024

Pre-existing dispute between parties regarding inflated invoices issued by appellant's staff/employees for different project under same Master Service Agreement. Corporate debtor entitled to rights/liabilities under Principal Agreement, so dispute over invoices covered. Appellant commenced investigation, filed police complaint after learning of inflated invoices. Correspondence shows corporate debtor disputed entitlement/payment before demand notice, indicating pre-existing dispute. Adjudicating authority rightly rejected Section 9 application due to pre-existing dispute evident from prior correspondence. No error by adjudicating authority in rejecting application. Appeal dismissed by appellate tribunal as lacking merit.

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