https://www.taxtmi.com/caselaws?id=461874 The NCLAT dismissed an appeal challenging rejection of a Section 9 insolvency petition. The operational creditor filed the application on 28.03.2017, only 7 days after actual delivery of demand notice on 21.03.2017. The tribunal held that Section 9 applications can only be filed after expiry of 10 days from actual delivery of demand notice, not from first attempted delivery. Since the notice was initially offered on 17.03.2017 but premises were locked, actual delivery occurred on 21.03.2017. The application was therefore premature and properly dismissed by the adjudicating authority. The NCLAT did not examine the pre-existing dispute issue. en-us Fri, 17 Mar 2023 00:00:00 +0530 Sat, 03 May 2025 11:05:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=461874 The NCLAT dismissed an appeal challenging rejection of a Section 9 insolvency petition. The operational creditor filed the application on 28.03.2017, only 7 days after actual delivery of demand notice on 21.03.2017. The tribunal held that Section 9 applications can only be filed after expiry of 10 days from actual delivery of demand notice, not from first attempted delivery. Since the notice was initially offered on 17.03.2017 but premises were locked, actual delivery occurred on 21.03.2017. The application was therefore premature and properly dismissed by the adjudicating authority. The NCLAT did not examine the pre-existing dispute issue. Case-Laws IBC Fri, 17 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=461874