https://www.taxtmi.com/caselaws?id=354454 An operational creditor's section 9 IBC application is not maintainable where a genuine pre-existing dispute exists before the demand notice and filing of the petition. Pending arbitration over the same underlying claims, coupled with a reply disputing liability and referring to the continuing arbitral process, showed that the dispute had not ended. The Adjudicating Authority therefore could not admit the application under section 9(5)(ii)(d). The settlement and part-payment relied on by the operational creditor did not by themselves extinguish the dispute, and the application was rejected. en-us Tue, 19 Dec 2017 00:00:00 +0530 Mon, 29 Jan 2018 08:18:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=354454 An operational creditor's section 9 IBC application is not maintainable where a genuine pre-existing dispute exists before the demand notice and filing of the petition. Pending arbitration over the same underlying claims, coupled with a reply disputing liability and referring to the continuing arbitral process, showed that the dispute had not ended. The Adjudicating Authority therefore could not admit the application under section 9(5)(ii)(d). The settlement and part-payment relied on by the operational creditor did not by themselves extinguish the dispute, and the application was rejected. Case-Laws Insolvency and Bankruptcy Tue, 19 Dec 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=354454