https://www.taxtmi.com/caselaws?id=417891 A section 9 insolvency application was treated as unsustainable where the same claim was re-agitated after withdrawal of an earlier proceeding on the same cause of action without liberty to refile, attracting a res judicata bar. The Tribunal also found that the applicant's identity and authority were not properly established because the application bore only a left thumb impression without the required supporting attestation for a person unable to sign. It further held that a pre-existing dispute existed, arising from disagreements over quantity and supply of goods and earlier proceedings, and that this dispute pre-dated the demand notice. On these independent grounds, admission of the insolvency petition was refused and CIRP was not triggered. en-us Mon, 17 Jan 2022 00:00:00 +0530 Fri, 04 Feb 2022 06:59:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=417891 A section 9 insolvency application was treated as unsustainable where the same claim was re-agitated after withdrawal of an earlier proceeding on the same cause of action without liberty to refile, attracting a res judicata bar. The Tribunal also found that the applicant's identity and authority were not properly established because the application bore only a left thumb impression without the required supporting attestation for a person unable to sign. It further held that a pre-existing dispute existed, arising from disagreements over quantity and supply of goods and earlier proceedings, and that this dispute pre-dated the demand notice. On these independent grounds, admission of the insolvency petition was refused and CIRP was not triggered. Case-Laws Insolvency and Bankruptcy Mon, 17 Jan 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=417891