https://www.taxtmi.com/caselaws?id=349911 A real pre-existing dispute barred the operational creditor's section 9 IBC application because correspondence before the demand notice had already raised objections on liability for double rent, an alleged oral assurance extending the arrangement, and the applicability of section 24 of the Maharashtra Rent Control Act, 1999. Applying the test that the adjudicating authority need only see whether there is a plausible contention requiring further investigation, the tribunal found the defence was not illusory or spurious. It also noted that the statutory provision relied on applied to residential premises, while the premises were commercial, making the claim seriously disputable. en-us Tue, 17 Oct 2017 00:00:00 +0530 Wed, 26 Dec 2018 11:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=349911 A real pre-existing dispute barred the operational creditor's section 9 IBC application because correspondence before the demand notice had already raised objections on liability for double rent, an alleged oral assurance extending the arrangement, and the applicability of section 24 of the Maharashtra Rent Control Act, 1999. Applying the test that the adjudicating authority need only see whether there is a plausible contention requiring further investigation, the tribunal found the defence was not illusory or spurious. It also noted that the statutory provision relied on applied to residential premises, while the premises were commercial, making the claim seriously disputable. Case-Laws Insolvency and Bankruptcy Tue, 17 Oct 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=349911