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...
A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
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