<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2021 (8) TMI 956 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH , NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=411378</link>
    <description>A section 9 insolvency application was held not maintainable where the operational debt was already the subject of a real and pre-existing dispute under the Mobilox standard. The dispute had travelled through arbitration and challenges under sections 34 and 37 of the Arbitration and Conciliation Act, and the restored appeal related back to the original filing date, continuing to evidence a live contest before the demand notice. Limitation objections did not alter that position, and pending execution proceedings could not be used as a substitute for debt recovery or to invoke insolvency machinery while the award-related challenge remained unresolved. The admission order was set aside and the insolvency process discontinued.</description>
    <language>en-us</language>
    <pubDate>Tue, 17 Aug 2021 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 23 Aug 2021 16:07:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=653767" rel="self" type="application/rss+xml"/>
    <item>
      <title>2021 (8) TMI 956 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH , NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=411378</link>
      <description>A section 9 insolvency application was held not maintainable where the operational debt was already the subject of a real and pre-existing dispute under the Mobilox standard. The dispute had travelled through arbitration and challenges under sections 34 and 37 of the Arbitration and Conciliation Act, and the restored appeal related back to the original filing date, continuing to evidence a live contest before the demand notice. Limitation objections did not alter that position, and pending execution proceedings could not be used as a substitute for debt recovery or to invoke insolvency machinery while the award-related challenge remained unresolved. The admission order was set aside and the insolvency process discontinued.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Tue, 17 Aug 2021 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=411378</guid>
    </item>
  </channel>
</rss>