https://www.taxtmi.com/caselaws?id=383730 An operational creditor's Section 9 application under the Insolvency and Bankruptcy Code was examined on two points: dispute and limitation. A post-demand denial by the corporate debtor, after prior acknowledgments and continued receipt of services, was held not to amount to a pre-existing real dispute capable of defeating admission under Sections 8 and 9. The application was also held to be within time, as the residuary limitation period under Article 137 of the Limitation Act, 1963 applied and the claim fell within three years of the relevant default and correspondence. The rejection was set aside and the matter remitted for fresh consideration after notice and hearing. en-us Thu, 25 Jul 2019 00:00:00 +0530 Tue, 30 Jul 2019 06:42:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=383730 An operational creditor's Section 9 application under the Insolvency and Bankruptcy Code was examined on two points: dispute and limitation. A post-demand denial by the corporate debtor, after prior acknowledgments and continued receipt of services, was held not to amount to a pre-existing real dispute capable of defeating admission under Sections 8 and 9. The application was also held to be within time, as the residuary limitation period under Article 137 of the Limitation Act, 1963 applied and the claim fell within three years of the relevant default and correspondence. The rejection was set aside and the matter remitted for fresh consideration after notice and hearing. Case-Laws Insolvency and Bankruptcy Thu, 25 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=383730