2018 (1) TMI 906 - AT - Insolvency and Bankruptcy

Supreme Court Upholds Decision on Corporate Insolvency Process Dispute

The Supreme Court upheld the Adjudicating Authority's decision to reject an Operational Creditor's application for initiating Corporate Insolvency ... Corporate insolvency process - 'existence of dispute' - Held that:- In the present case, we find that there is an 'existence of dispute' and a notice of dispute has been received by the 'Operational Creditor'. In the aforesaid background the Adjudicating Authority rightly rejected the application filed by the appellant under Section 9 of the I & B Code. Issues: Existence of dispute in insolvency application under Section 9 of the Insolvency and Bankruptcy Code, 2016.Analysis:The appellant, an Operational Creditor, filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking the initiation of Corporate Insolvency Resolution Process against the respondent. The Adjudicating Authority rejected the application citing the existence of a dispute between the parties. The appellant argued that the defects in the application had been rectified, and there was no dispute since June 30, 2016. However, correspondence between the parties indicated allegations by the Corporate Debtor that the Operational Creditor had not completed work, causing loss. Additionally, the respondent disputed the claim in response to the demand notice issued by the appellant under Section 8 of the Code.The Hon'ble Supreme Court's decision in Mobilox Innovations (P.) Ltd. v. Kirusa Software (P.) Ltd. was referenced, emphasizing the requirement for a demand notice or invoice to be delivered to the corporate debtor, who then has 10 days to raise any dispute. The Court clarified that the existence of a dispute alone is sufficient to stall the insolvency process, even if the dispute arises shortly before insolvency proceedings. The Adjudicating Authority must reject the application if a notice of dispute has been received by the Operational Creditor or if there is a record of dispute in the information utility. The Court stressed the importance of distinguishing genuine disputes from frivolous ones, without assessing the likelihood of the defense succeeding.In the present case, it was established that there was indeed an existence of a dispute, and a notice of dispute had been received by the Operational Creditor. Therefore, the Adjudicating Authority's decision to reject the application under Section 9 of the Insolvency and Bankruptcy Code was deemed appropriate. Consequently, the appeal was dismissed, and no costs were awarded.