https://www.taxtmi.com/caselaws?id=280038 A Section 9 IBC application was found not maintainable because a pre-existing dispute existed before the insolvency petition was filed. The corporate debtor had already issued a notice seeking appointment of a sole arbitrator, and under Section 21 of the Arbitration and Conciliation Act, 1996, arbitral proceedings commenced on receipt of that request. On that basis, the dispute was treated as existing earlier in time and barred admission of the insolvency application. The question whether the applicants were operational creditors was left undecided. en-us Wed, 04 Jul 2018 00:00:00 +0530 Wed, 17 Apr 2019 20:52:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280038 A Section 9 IBC application was found not maintainable because a pre-existing dispute existed before the insolvency petition was filed. The corporate debtor had already issued a notice seeking appointment of a sole arbitrator, and under Section 21 of the Arbitration and Conciliation Act, 1996, arbitral proceedings commenced on receipt of that request. On that basis, the dispute was treated as existing earlier in time and barred admission of the insolvency application. The question whether the applicants were operational creditors was left undecided. Case-Laws Insolvency and Bankruptcy Wed, 04 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280038