https://www.taxtmi.com/caselaws?id=396567 An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted where a genuine pre-existing dispute exists over the operational debt. The record showed contemporaneous correspondence alleging defective workmanship, withholding of payment for rectification, and disputes already raised before other fora, indicating that the claim was not an undisputed debt recovery claim. Because the outstanding amount was subject to a substantial prior dispute, the insolvency process could not be used as a substitute for recovery proceedings. The application was therefore held not maintainable and rejected. en-us Mon, 02 Mar 2020 00:00:00 +0530 Sat, 11 Jul 2020 12:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=396567 An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be admitted where a genuine pre-existing dispute exists over the operational debt. The record showed contemporaneous correspondence alleging defective workmanship, withholding of payment for rectification, and disputes already raised before other fora, indicating that the claim was not an undisputed debt recovery claim. Because the outstanding amount was subject to a substantial prior dispute, the insolvency process could not be used as a substitute for recovery proceedings. The application was therefore held not maintainable and rejected. Case-Laws Insolvency and Bankruptcy Mon, 02 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=396567