Proportionate interest, unexplained credits and partner remuneration disputed; proofs of fund nexus and lender identity were decisive and disallowance...
Capital gains valuation from stamp assessment versus net consideration for residential reinvestment: deemed stamp value replaced for gains but not for...
A pre-existing dispute barred admission of the Section 9 operational debt claim where contemporaneous grievances over water supply, central air-conditioning, maintenance, and interference with use of the premises had been raised before the demand notice and were supported by proceedings seeking restoration of services and police assistance. Applying the Mobilox standard, the Tribunal treated the defence as a plausible contention requiring further investigation rather than a sham or moonshine defence. It therefore held that liability for charges claimed after the corporate debtor entered CIRP was genuinely disputed, affirmed rejection of the Section 9 petition, and dismissed the appeal.
A pre-existing dispute barred admission of the Section 9 operational debt claim where contemporaneous grievances over water supply, central air-conditioning, maintenance, and interference with use of the premises had been raised before the demand notice and were supported by proceedings seeking restoration of services and police assistance. Applying the Mobilox standard, the Tribunal treated the defence as a plausible contention requiring further investigation rather than a sham or moonshine defence. It therefore held that liability for charges claimed after the corporate debtor entered CIRP was genuinely disputed, affirmed rejection of the Section 9 petition, and dismissed the appeal.
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