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Pre-existing dispute concerning supply of contaminated goods communicated via agents was found to constitute a notice of dispute under Section 9(5)(ii)(d) and satisfy the Mobilox plausibility threshold; these communications required consideration and could not be dismissed as spurious, so the Section 9 application should have been rejected. The Adjudicating Authority erred in admitting the Section 9 petition and initiating CIRP; the admission and all consequential orders are set aside, the corporate debtor is released from CIRP, a directed interim payment is to be made, and the operational creditor and third parties remain free to pursue other legal remedies.
Pre-existing dispute concerning supply of contaminated goods communicated via agents was found to constitute a notice of dispute under Section 9(5)(ii)(d) and satisfy the Mobilox plausibility threshold; these communications required consideration and could not be dismissed as spurious, so the Section 9 application should have been rejected. The Adjudicating Authority erred in admitting the Section 9 petition and initiating CIRP; the admission and all consequential orders are set aside, the corporate debtor is released from CIRP, a directed interim payment is to be made, and the operational creditor and third parties remain free to pursue other legal remedies.
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