<?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>Tribunal Denies Insolvency Process Due to Pre-Existing Dispute Over Operational Debt from Agency Agreement Termination.</title>
    <link>https://www.taxtmi.com/highlights?id=75650</link>
    <description>Rejection of Section 9 application - Initiation of CIRP - pre-existing dispute - The tribunal meticulously analyzed the arguments from both sides and relevant legal provisions under the IBC. It focused on whether there was a plausible pre-existing dispute between the parties concerning the operational debt. - The NCLAT found that there indeed was a pre-existing dispute regarding the operational debt, primarily based on the appellant&#039;s breach of the Agency Agreement, leading to its termination by the respondent. The tribunal noted that the appellant&#039;s illegal activities and the subsequent termination of the agreement formed the basis of the dispute. - The tribunal concluded that the Adjudicating Authority (AA) did not err in dismissing the Section 9 application, as the operational debt was disputed.</description>
    <language>en-us</language>
    <pubDate>Wed, 13 Mar 2024 10:57:53 +0530</pubDate>
    <lastBuildDate>Wed, 13 Mar 2024 10:57:53 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=746788" rel="self" type="application/rss+xml"/>
    <item>
      <title>Tribunal Denies Insolvency Process Due to Pre-Existing Dispute Over Operational Debt from Agency Agreement Termination.</title>
      <link>https://www.taxtmi.com/highlights?id=75650</link>
      <description>Rejection of Section 9 application - Initiation of CIRP - pre-existing dispute - The tribunal meticulously analyzed the arguments from both sides and relevant legal provisions under the IBC. It focused on whether there was a plausible pre-existing dispute between the parties concerning the operational debt. - The NCLAT found that there indeed was a pre-existing dispute regarding the operational debt, primarily based on the appellant&#039;s breach of the Agency Agreement, leading to its termination by the respondent. The tribunal noted that the appellant&#039;s illegal activities and the subsequent termination of the agreement formed the basis of the dispute. - The tribunal concluded that the Adjudicating Authority (AA) did not err in dismissing the Section 9 application, as the operational debt was disputed.</description>
      <category>Highlights</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Wed, 13 Mar 2024 10:57:53 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=75650</guid>
    </item>
  </channel>
</rss>