https://www.taxtmi.com/caselaws?id=358164 Pendency of an appeal under section 37 of the Arbitration and Conciliation Act, 1996 can preserve a pre-existing dispute for purposes of sections 5(6), 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Where the underlying claim has already moved through arbitration and challenge proceedings, the dispute does not lose its character merely because no stay has been granted on the award. Non-response to a section 8 demand notice also does not override an otherwise established pre-existing dispute. On that basis, a section 9 insolvency application is not maintainable. en-us Fri, 16 Feb 2018 00:00:00 +0530 Thu, 05 Apr 2018 13:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=358164 Pendency of an appeal under section 37 of the Arbitration and Conciliation Act, 1996 can preserve a pre-existing dispute for purposes of sections 5(6), 8 and 9 of the Insolvency and Bankruptcy Code, 2016. Where the underlying claim has already moved through arbitration and challenge proceedings, the dispute does not lose its character merely because no stay has been granted on the award. Non-response to a section 8 demand notice also does not override an otherwise established pre-existing dispute. On that basis, a section 9 insolvency application is not maintainable. Case-Laws Insolvency and Bankruptcy Fri, 16 Feb 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=358164