https://www.taxtmi.com/caselaws?id=297035 An application under section 9 of the Insolvency and Bankruptcy Code was held not maintainable because a pre-existing dispute over the quality and short supply of goods existed before the section 8 demand notice. Contemporaneous email correspondence recorded complaints about faulty and substandard material, and later acknowledgements of dues did not erase that earlier dispute. The Adjudicating Authority was required only to determine whether a dispute existed before the notice and could not examine the merits of the underlying claim or counterclaim. The admission order and corporate insolvency resolution process were set aside, and the application was dismissed. en-us Tue, 07 Jan 2020 00:00:00 +0530 Mon, 16 Aug 2021 21:16:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297035 An application under section 9 of the Insolvency and Bankruptcy Code was held not maintainable because a pre-existing dispute over the quality and short supply of goods existed before the section 8 demand notice. Contemporaneous email correspondence recorded complaints about faulty and substandard material, and later acknowledgements of dues did not erase that earlier dispute. The Adjudicating Authority was required only to determine whether a dispute existed before the notice and could not examine the merits of the underlying claim or counterclaim. The admission order and corporate insolvency resolution process were set aside, and the application was dismissed. Case-Laws Insolvency and Bankruptcy Tue, 07 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297035