TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Highlights
of of All Highlights
Note
Bookmark
Share
Don't have an account? Register Here
of NCLAT analyzed a Section 9 IBC application, determining two critical issues: contract continuity and existence of pre-existing dispute. The Tribunal found that parties' conduct implied contract subsistence beyond the delivery order's one-year validity. Critically, the Corporate Debtor had submitted a dispute notice to the Operational Creditor and recorded a dispute in the Information Utility, satisfying Section 9(5)(ii)(d) rejection conditions. The Appellate Tribunal held that the Adjudicating Authority erroneously admitted the application without addressing the statutory dispute provisions. Consequently, the NCLAT allowed the appeal, effectively rejecting the insolvency application due to the presence of a bonafide dispute and the Corporate Debtor's willingness to fulfill contractual obligations.
TaxTMI 
TaxTMI 
