https://www.taxtmi.com/caselaws?id=353049 A Section 9 insolvency application is not maintainable where a pre-existing dispute existed before the demand notice and arbitration had already commenced under Section 21 of the Arbitration and Conciliation Act, 1996 on receipt of the request to refer the dispute to arbitration. A prior notice invoking arbitration was enough to establish that the dispute relating to the debt was already in existence for purposes of Section 5(6) of the Insolvency and Bankruptcy Code, 2016, so the rejection of the insolvency application was upheld. A fresh factual plea that one agreement lacked an arbitration clause was not entertained because it had not been raised earlier and involved disputed facts. en-us Fri, 10 Nov 2017 00:00:00 +0530 Wed, 03 Jan 2018 11:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=353049 A Section 9 insolvency application is not maintainable where a pre-existing dispute existed before the demand notice and arbitration had already commenced under Section 21 of the Arbitration and Conciliation Act, 1996 on receipt of the request to refer the dispute to arbitration. A prior notice invoking arbitration was enough to establish that the dispute relating to the debt was already in existence for purposes of Section 5(6) of the Insolvency and Bankruptcy Code, 2016, so the rejection of the insolvency application was upheld. A fresh factual plea that one agreement lacked an arbitration clause was not entertained because it had not been raised earlier and involved disputed facts. Case-Laws Insolvency and Bankruptcy Fri, 10 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=353049