Operational debt, limitation and pre-existing dispute under the insolvency code trigger referral for final determination

Questions under Section 9 of the I&B Code centred on whether the creditor's claim constituted operational debt arising from services, whether the application was barred by limitation under Article 137 despite alleged acknowledgements under Section 18 of the Limitation Act, and whether a pre-existing dispute based on allegations of forgery, fraud and pending criminal proceedings could defeat admission. The Members recorded divergent views on each issue: one treated the claim as an operational debt, found the application within limitation, and considered the dispute insufficient; the other viewed limitation and disputed allegations as decisive. The matter was referred for final determination by a third Member/appropriate Bench.

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