https://www.taxtmi.com/caselaws?id=378149 A section 9 Insolvency and Bankruptcy Code petition was held not maintainable where the corporate debtor had raised a genuine pre-existing dispute over warranty obligations before the demand notice. The debtor's repeated communications from 2015 onwards objecting to the absence of the manufacturer's warranty, and requiring the defect to be cured or the goods rejected, were treated as sufficient evidence of a real dispute. The existence of a pending money recovery suit on the same subject matter further confirmed that the debt was disputed. On that basis, insolvency resolution could not be invoked merely on the asserted operational debt. en-us Fri, 21 Dec 2018 00:00:00 +0530 Wed, 10 Apr 2019 06:44:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=378149 A section 9 Insolvency and Bankruptcy Code petition was held not maintainable where the corporate debtor had raised a genuine pre-existing dispute over warranty obligations before the demand notice. The debtor's repeated communications from 2015 onwards objecting to the absence of the manufacturer's warranty, and requiring the defect to be cured or the goods rejected, were treated as sufficient evidence of a real dispute. The existence of a pending money recovery suit on the same subject matter further confirmed that the debt was disputed. On that basis, insolvency resolution could not be invoked merely on the asserted operational debt. Case-Laws Insolvency and Bankruptcy Fri, 21 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=378149