Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
A Section 9 IBC application cannot be admitted where the record shows a genuine and plausible pre-existing dispute before the demand notice. Applying Mobilox and later decisions, the Court held that the adjudicating authority at this stage only examines whether a plausible contention requiring investigation exists, not the ultimate merits of the dispute. Written complaints about defective supplies, repeated demands for reconciliation of accounts, a prior police complaint, discrepancies in ledger accounts, and shifting stands on the amount due showed no consensus on liability or quantum and indicated more than a sham defence. The NCLT had correctly rejected the application, and the NCLAT was wrong to reverse that finding.
A Section 9 IBC application cannot be admitted where the record shows a genuine and plausible pre-existing dispute before the demand notice. Applying Mobilox and later decisions, the Court held that the adjudicating authority at this stage only examines whether a plausible contention requiring investigation exists, not the ultimate merits of the dispute. Written complaints about defective supplies, repeated demands for reconciliation of accounts, a prior police complaint, discrepancies in ledger accounts, and shifting stands on the amount due showed no consensus on liability or quantum and indicated more than a sham defence. The NCLT had correctly rejected the application, and the NCLAT was wrong to reverse that finding.
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