https://www.taxtmi.com/caselaws?id=291739 A section 9 application under the Insolvency and Bankruptcy Code was not maintainable where the record showed a genuine pre-existing dispute. The operational creditor had stated that the subject matter had already been taken before the MSME Facilitation Council, conciliation had failed, and arbitration proceedings had commenced under the Micro, Small and Medium Enterprises Development Act, 2006. The corporate debtor also replied to the demand notice disputing the claim. These facts showed that the objection was not a later or sham defence but a live dispute existing before the insolvency filing, so the statutory basis for admission was not satisfied and the application was rejected. en-us Tue, 27 Aug 2019 00:00:00 +0530 Tue, 24 Nov 2020 09:38:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291739 A section 9 application under the Insolvency and Bankruptcy Code was not maintainable where the record showed a genuine pre-existing dispute. The operational creditor had stated that the subject matter had already been taken before the MSME Facilitation Council, conciliation had failed, and arbitration proceedings had commenced under the Micro, Small and Medium Enterprises Development Act, 2006. The corporate debtor also replied to the demand notice disputing the claim. These facts showed that the objection was not a later or sham defence but a live dispute existing before the insolvency filing, so the statutory basis for admission was not satisfied and the application was rejected. Case-Laws Insolvency and Bankruptcy Tue, 27 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291739