https://www.taxtmi.com/highlights?id=96744 A contractual dispute whether non payment of a second instalment constitutes an operational debt under Sec. 5(21) and thus triggers initiation under Section 9 IBC was examined by applying the plain reading of the contract and the Mobilox test. The Tribunal held that a mere right to claim damages (Sec. 3(6)) does not automatically become an operational debt; because the contract reasonably admits the respondent's interpretation, a plausible pre existing dispute exists. Consequence: the pre existing dispute prevents invocation of insolvency remedies and the adjudicating authority's order was affirmed, with the appeal dismissed. en-us Tue, 10 Feb 2026 07:46:24 +0530 Tue, 10 Feb 2026 07:46:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=96744 A contractual dispute whether non payment of a second instalment constitutes an operational debt under Sec. 5(21) and thus triggers initiation under Section 9 IBC was examined by applying the plain reading of the contract and the Mobilox test. The Tribunal held that a mere right to claim damages (Sec. 3(6)) does not automatically become an operational debt; because the contract reasonably admits the respondent's interpretation, a plausible pre existing dispute exists. Consequence: the pre existing dispute prevents invocation of insolvency remedies and the adjudicating authority's order was affirmed, with the appeal dismissed. Highlights IBC Tue, 10 Feb 2026 07:46:24 +0530 https://www.taxtmi.com/highlights?id=96744