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    <title>Appeal dismissed; Section 9 admission upheld as operational debt under Sections 5(21) and 3(12) of IBC</title>
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    <description>NCLAT dismisses the appeal and upholds the NCLT&#039;s admission of the Section 9 petition. The Tribunal held that the OC proved an operational debt and default as defined under Sections 5(21) and 3(12) of the IBC: Rs.1 crore constituted advance consideration, goods were not supplied and no refund was made, and the CD&#039;s financial statements repeatedly acknowledged the liability. That acknowledgment in the CD&#039;s balance sheet extended limitation to 31.03.2025, rendering the Section 9 filing on 23.06.2023 time-bar compliant. Alleged pre-existing dispute was held not bona fide under the Mobilox test; unilateral NeSL marking and a belated police complaint did not rebut the OC&#039;s case. The AA&#039;s admission order was affirmed.</description>
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    <pubDate>Sat, 25 Oct 2025 09:00:56 +0530</pubDate>
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      <title>Appeal dismissed; Section 9 admission upheld as operational debt under Sections 5(21) and 3(12) of IBC</title>
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      <description>NCLAT dismisses the appeal and upholds the NCLT&#039;s admission of the Section 9 petition. The Tribunal held that the OC proved an operational debt and default as defined under Sections 5(21) and 3(12) of the IBC: Rs.1 crore constituted advance consideration, goods were not supplied and no refund was made, and the CD&#039;s financial statements repeatedly acknowledged the liability. That acknowledgment in the CD&#039;s balance sheet extended limitation to 31.03.2025, rendering the Section 9 filing on 23.06.2023 time-bar compliant. Alleged pre-existing dispute was held not bona fide under the Mobilox test; unilateral NeSL marking and a belated police complaint did not rebut the OC&#039;s case. The AA&#039;s admission order was affirmed.</description>
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      <pubDate>Sat, 25 Oct 2025 09:00:56 +0530</pubDate>
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