https://www.taxtmi.com/caselaws?id=287777 A section 9 insolvency application based on unpaid operational dues was rejected where the debtor had already disputed liability on quality grounds and limitation before the demand notice. The Tribunal treated the prior winding-up proceedings, which had failed on limitation, as reinforcing that the claim could not be revived through insolvency machinery or by relying on a balance-sheet entry as an effective acknowledgement on these facts. It held that insolvency cannot be used as a debt-recovery forum when a pre-existing dispute exists and the same claim has already been contested in earlier proceedings. The petition was therefore found not maintainable and not capable of admission. en-us Fri, 11 May 2018 00:00:00 +0530 Sat, 02 May 2020 06:36:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287777 A section 9 insolvency application based on unpaid operational dues was rejected where the debtor had already disputed liability on quality grounds and limitation before the demand notice. The Tribunal treated the prior winding-up proceedings, which had failed on limitation, as reinforcing that the claim could not be revived through insolvency machinery or by relying on a balance-sheet entry as an effective acknowledgement on these facts. It held that insolvency cannot be used as a debt-recovery forum when a pre-existing dispute exists and the same claim has already been contested in earlier proceedings. The petition was therefore found not maintainable and not capable of admission. Case-Laws Insolvency and Bankruptcy Fri, 11 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287777