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    <title>2025 (5) TMI 163 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI - LB</title>
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    <description>The NCLAT allowed the appeal and set aside the admission of the Section 9 IBC application. It held that, by conduct, the contract between the operational creditor and corporate debtor continued beyond the stated one-year validity of the delivery order, with supplies to be made against advances even after expiry. However, the Tribunal found that a clear pre-existing dispute existed within the meaning of Sections 8 and 9, evidenced both by a detailed reply to the demand notice and by disputed entries in the Information Utility. As the statutory conditions of Section 9(5)(ii)(d) were satisfied, the Section 9 application was liable to be rejected, and the Adjudicating Authority&#039;s contrary order was unsustainable.</description>
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    <pubDate>Fri, 25 Apr 2025 00:00:00 +0530</pubDate>
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      <title>2025 (5) TMI 163 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI - LB</title>
      <link>https://www.taxtmi.com/caselaws?id=769891</link>
      <description>The NCLAT allowed the appeal and set aside the admission of the Section 9 IBC application. It held that, by conduct, the contract between the operational creditor and corporate debtor continued beyond the stated one-year validity of the delivery order, with supplies to be made against advances even after expiry. However, the Tribunal found that a clear pre-existing dispute existed within the meaning of Sections 8 and 9, evidenced both by a detailed reply to the demand notice and by disputed entries in the Information Utility. As the statutory conditions of Section 9(5)(ii)(d) were satisfied, the Section 9 application was liable to be rejected, and the Adjudicating Authority&#039;s contrary order was unsustainable.</description>
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      <pubDate>Fri, 25 Apr 2025 00:00:00 +0530</pubDate>
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