https://www.taxtmi.com/caselaws?id=764423 An operational creditor's Section 9 IBC application is not maintainable where the record shows a real and existing dispute before the demand notice. Here, arbitration had been invoked before the Section 8 demand notice, and the dispute concerned the same work order and the same claim that formed the alleged operational debt. The adjudicating authority must examine whether a pre-existing dispute exists on the material record, and the presence of a prior notice of arbitration or dispute is sufficient to bar admission. The fact that the corporate debtor did not alone raise the objection was not decisive, because the underlying transaction was already disputed. en-us Wed, 08 Jan 2025 00:00:00 +0530 Fri, 10 Jan 2025 08:57:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764423 An operational creditor's Section 9 IBC application is not maintainable where the record shows a real and existing dispute before the demand notice. Here, arbitration had been invoked before the Section 8 demand notice, and the dispute concerned the same work order and the same claim that formed the alleged operational debt. The adjudicating authority must examine whether a pre-existing dispute exists on the material record, and the presence of a prior notice of arbitration or dispute is sufficient to bar admission. The fact that the corporate debtor did not alone raise the objection was not decisive, because the underlying transaction was already disputed. Case-Laws IBC Wed, 08 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764423