https://www.taxtmi.com/caselaws?id=780841 A Section 9 insolvency petition must be rejected where the record shows a real pre-existing dispute before the demand notice. Applying the Mobilox test, the relevant enquiry is whether the defence was plausible and not spurious or illusory. Email correspondence showed that the corporate debtor had already complained of non-supply and delayed supply, linked that grievance to withholding payment, and later reiterated the same counter-claim in reply to the demand notice. The email dated 26.09.2017 was therefore not an unconditional acknowledgment of debt. Since the dispute existed before initiation of insolvency proceedings, it remained material despite the debtor's notice of dispute being issued beyond the ten-day window. en-us Wed, 15 Oct 2025 00:00:00 +0530 Fri, 07 Nov 2025 08:37:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=780841 A Section 9 insolvency petition must be rejected where the record shows a real pre-existing dispute before the demand notice. Applying the Mobilox test, the relevant enquiry is whether the defence was plausible and not spurious or illusory. Email correspondence showed that the corporate debtor had already complained of non-supply and delayed supply, linked that grievance to withholding payment, and later reiterated the same counter-claim in reply to the demand notice. The email dated 26.09.2017 was therefore not an unconditional acknowledgment of debt. Since the dispute existed before initiation of insolvency proceedings, it remained material despite the debtor's notice of dispute being issued beyond the ten-day window. Case-Laws IBC Wed, 15 Oct 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=780841