https://www.taxtmi.com/caselaws?id=197562 Pendency of a Section 37 appeal or execution proceedings does not by itself negate the existence of a dispute for purposes of Section 8(2)(a) of the Insolvency and Bankruptcy Code, because the statutory focus is on the underlying dispute contemplated by Section 5(6), not merely on post-award challenge or enforcement steps. An arbitral award that has survived Section 34 proceedings may also support initiation of Section 9 insolvency proceedings, since the Code treats the award as relevant evidence of default and does not confine the creditor to execution as the only remedy. The matter was remitted for determination of operational creditor status and completeness of the Section 9 application. en-us Tue, 29 Aug 2017 00:00:00 +0530 Wed, 10 Jan 2018 08:11:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197562 Pendency of a Section 37 appeal or execution proceedings does not by itself negate the existence of a dispute for purposes of Section 8(2)(a) of the Insolvency and Bankruptcy Code, because the statutory focus is on the underlying dispute contemplated by Section 5(6), not merely on post-award challenge or enforcement steps. An arbitral award that has survived Section 34 proceedings may also support initiation of Section 9 insolvency proceedings, since the Code treats the award as relevant evidence of default and does not confine the creditor to execution as the only remedy. The matter was remitted for determination of operational creditor status and completeness of the Section 9 application. Case-Laws Insolvency and Bankruptcy Tue, 29 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197562