https://www.taxtmi.com/caselaws?id=388523 An application under Section 9 of the Insolvency and Bankruptcy Code can proceed only where an operational debt is shown to be due and payable and there is no genuine pre-existing dispute. Here, the claim was tested against the purchase order terms, the materials supplied and objections that the goods were of inferior quality, but the record did not satisfactorily establish conformity with contractual requirements or the amount claimed. The Tribunal treated the filing as having a debt-recovery character and found that Section 9 cannot be used as a substitute for recovery proceedings. The application was rejected for want of a fit case for admission. en-us Fri, 26 Jul 2019 00:00:00 +0530 Sat, 16 Nov 2019 16:31:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=388523 An application under Section 9 of the Insolvency and Bankruptcy Code can proceed only where an operational debt is shown to be due and payable and there is no genuine pre-existing dispute. Here, the claim was tested against the purchase order terms, the materials supplied and objections that the goods were of inferior quality, but the record did not satisfactorily establish conformity with contractual requirements or the amount claimed. The Tribunal treated the filing as having a debt-recovery character and found that Section 9 cannot be used as a substitute for recovery proceedings. The application was rejected for want of a fit case for admission. Case-Laws Insolvency and Bankruptcy Fri, 26 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=388523