https://www.taxtmi.com/caselaws?id=377421 A corporate debtor cannot defeat a section 9 insolvency application merely by alleging a dispute; it must show a genuine pre-existing dispute before the demand notice, supported by contemporaneous material. Here, the objections about substandard goods, different specifications and missing invoices were raised belatedly and were not backed by reliable correspondence, so the dispute plea was not proved. The application nevertheless failed because it was filed beyond the three-year limitation period under the Limitation Act, 1963, and no written acknowledgment extending time was shown. Limitation was treated as fatal, even though the pre-existing dispute defence did not succeed. en-us Wed, 13 Feb 2019 00:00:00 +0530 Fri, 29 Mar 2019 07:52:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=377421 A corporate debtor cannot defeat a section 9 insolvency application merely by alleging a dispute; it must show a genuine pre-existing dispute before the demand notice, supported by contemporaneous material. Here, the objections about substandard goods, different specifications and missing invoices were raised belatedly and were not backed by reliable correspondence, so the dispute plea was not proved. The application nevertheless failed because it was filed beyond the three-year limitation period under the Limitation Act, 1963, and no written acknowledgment extending time was shown. Limitation was treated as fatal, even though the pre-existing dispute defence did not succeed. Case-Laws Insolvency and Bankruptcy Wed, 13 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=377421