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    <title>2026 (2) TMI 738 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>A corporate insolvency application under Section 9 failed where the contract required payment to the contractor only on a back-to-back basis, after receipt of funds from the insurer. The record did not show that the insurer had paid the respondent and that such payment was then withheld from the appellant. The material relied on, including RTI-based information, indicated only payment by the Government to the insurer and did not establish remittance to the respondent. As the essential element of default under the Insolvency and Bankruptcy Code was not proved, the insolvency petition was not maintainable on the facts established.</description>
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      <link>https://www.taxtmi.com/caselaws?id=786590</link>
      <description>A corporate insolvency application under Section 9 failed where the contract required payment to the contractor only on a back-to-back basis, after receipt of funds from the insurer. The record did not show that the insurer had paid the respondent and that such payment was then withheld from the appellant. The material relied on, including RTI-based information, indicated only payment by the Government to the insurer and did not establish remittance to the respondent. As the essential element of default under the Insolvency and Bankruptcy Code was not proved, the insolvency petition was not maintainable on the facts established.</description>
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