Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
An operational creditor's Section 9 application was rejected on the ground of a pre-existing dispute. Applying Mobilox, the tribunal held that where the corporate debtor has raised a plausible dispute supported by contemporaneous material, the insolvency process cannot be triggered. Here, the claim was repudiated in writing prior to the demand notice and again in the reply to the demand notice, constituting a "notice of dispute" under Section 9(5)(ii)(d), and the defence was not moonshine. Further, alleged salary defaults falling within the Section 10A period could not found a Section 9 proceeding. The rejection of the Section 9 application and dismissal of the appeal were upheld - NCLAT
An operational creditor's Section 9 application was rejected on the ground of a pre-existing dispute. Applying Mobilox, the tribunal held that where the corporate debtor has raised a plausible dispute supported by contemporaneous material, the insolvency process cannot be triggered. Here, the claim was repudiated in writing prior to the demand notice and again in the reply to the demand notice, constituting a "notice of dispute" under Section 9(5)(ii)(d), and the defence was not moonshine. Further, alleged salary defaults falling within the Section 10A period could not found a Section 9 proceeding. The rejection of the Section 9 application and dismissal of the appeal were upheld - NCLAT
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