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    <title>Section 9 Petition Dismissed Due to Bona Fide Pre-Existing Dispute Over Debt and Work Quality</title>
    <link>https://www.taxtmi.com/highlights?id=91286</link>
    <description>The NCLAT set aside the impugned order admitting the Section 9 application and initiating CIRP against the Corporate Debtor, finding a bona fide pre-existing dispute regarding the debt&#039;s existence and the quality of work performed. The Tribunal held that extensive communications and partial contract termination evidence genuine disputes predating the Section 8 notice, which the Adjudicating Authority erroneously overlooked. The Corporate Debtor&#039;s defense was not frivolous and warranted further inquiry, rendering the Operational Creditor&#039;s application premature under the established legal test for admitting Section 9 petitions. Consequently, the Adjudicating Authority&#039;s admission of the application was held to be a fundamental error, and the appeal was allowed with all consequential orders set aside.</description>
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    <pubDate>Wed, 06 Aug 2025 08:19:34 +0530</pubDate>
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      <title>Section 9 Petition Dismissed Due to Bona Fide Pre-Existing Dispute Over Debt and Work Quality</title>
      <link>https://www.taxtmi.com/highlights?id=91286</link>
      <description>The NCLAT set aside the impugned order admitting the Section 9 application and initiating CIRP against the Corporate Debtor, finding a bona fide pre-existing dispute regarding the debt&#039;s existence and the quality of work performed. The Tribunal held that extensive communications and partial contract termination evidence genuine disputes predating the Section 8 notice, which the Adjudicating Authority erroneously overlooked. The Corporate Debtor&#039;s defense was not frivolous and warranted further inquiry, rendering the Operational Creditor&#039;s application premature under the established legal test for admitting Section 9 petitions. Consequently, the Adjudicating Authority&#039;s admission of the application was held to be a fundamental error, and the appeal was allowed with all consequential orders set aside.</description>
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      <pubDate>Wed, 06 Aug 2025 08:19:34 +0530</pubDate>
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