https://www.taxtmi.com/caselaws?id=761689 Under insolvency law, a Section 9 application is not maintainable where a plausible, evidence-backed pre-existing dispute existed before the demand notice. Here, the contractual arrangement required the operational creditor to furnish a no objection certificate for copyright registration of the TVC, and pre-notice correspondence showed repeated requests by the corporate debtor and a denial in response. Applying the settled admission-stage test, the dispute did not need final adjudication; it was enough that the NOC issue was real, genuine, and not spurious or illusory. The application was therefore rejected. en-us Wed, 13 Nov 2024 00:00:00 +0530 Fri, 15 Nov 2024 08:45:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761689 Under insolvency law, a Section 9 application is not maintainable where a plausible, evidence-backed pre-existing dispute existed before the demand notice. Here, the contractual arrangement required the operational creditor to furnish a no objection certificate for copyright registration of the TVC, and pre-notice correspondence showed repeated requests by the corporate debtor and a denial in response. Applying the settled admission-stage test, the dispute did not need final adjudication; it was enough that the NOC issue was real, genuine, and not spurious or illusory. The application was therefore rejected. Case-Laws IBC Wed, 13 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761689