https://www.taxtmi.com/caselaws?id=290320 An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was found not maintainable because the record showed a pre-existing dispute between the parties. Repeated objections regarding non-completion and alleged deficient performance under the work order, together with prior notices, invocation of arbitration, and appointment of a sole arbitrator, established that the dispute arose before the statutory demand notice. As the claim was not an undisputed operational debt, the existence of a real dispute attracted the bar under Section 9(5)(ii)(d), and the application was liable to be dismissed. en-us Fri, 28 Apr 2017 00:00:00 +0530 Sat, 19 Sep 2020 16:42:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290320 An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was found not maintainable because the record showed a pre-existing dispute between the parties. Repeated objections regarding non-completion and alleged deficient performance under the work order, together with prior notices, invocation of arbitration, and appointment of a sole arbitrator, established that the dispute arose before the statutory demand notice. As the claim was not an undisputed operational debt, the existence of a real dispute attracted the bar under Section 9(5)(ii)(d), and the application was liable to be dismissed. Case-Laws Insolvency and Bankruptcy Fri, 28 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290320