https://www.taxtmi.com/caselaws?id=425166 A Section 9 application under the Insolvency and Bankruptcy Code is maintainable only where operational debt remains unpaid, a demand notice has been served, and no pre-existing dispute is shown. Here, repeated correspondence and earlier replies from the corporate debtor had already raised objections about inferior service quality and alleged loss before the demand notice and the insolvency application. Those objections related to the existence of debt and the quality of services, and the tribunal found they were not spurious, feeble, hypothetical, or illusory. A pre-existing dispute was therefore established, and the Section 9 application was held not maintainable. en-us Mon, 04 Jul 2022 00:00:00 +0530 Mon, 18 Jul 2022 09:15:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=425166 A Section 9 application under the Insolvency and Bankruptcy Code is maintainable only where operational debt remains unpaid, a demand notice has been served, and no pre-existing dispute is shown. Here, repeated correspondence and earlier replies from the corporate debtor had already raised objections about inferior service quality and alleged loss before the demand notice and the insolvency application. Those objections related to the existence of debt and the quality of services, and the tribunal found they were not spurious, feeble, hypothetical, or illusory. A pre-existing dispute was therefore established, and the Section 9 application was held not maintainable. Case-Laws Insolvency and Bankruptcy Mon, 04 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=425166