https://www.taxtmi.com/caselaws?id=468057 Delay of 27 days in re-filing the appeal was condoned because the defects were cured bona fide after registry issues and misplaced papers were reconstructed. On maintainability, the tribunal held that the claimant failed to establish operational creditor status under the Insolvency and Bankruptcy Code, as the respondent was not shown to be a party to the original contracts and no valid assignment conferring a debt claim against the corporate debtor was proved. The dispute was also treated as a real pre-existing dispute, making insolvency proceedings inappropriate. The company petition was therefore not maintainable and its dismissal was affirmed. en-us Tue, 02 Apr 2024 00:00:00 +0530 Wed, 15 Apr 2026 11:22:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468057 Delay of 27 days in re-filing the appeal was condoned because the defects were cured bona fide after registry issues and misplaced papers were reconstructed. On maintainability, the tribunal held that the claimant failed to establish operational creditor status under the Insolvency and Bankruptcy Code, as the respondent was not shown to be a party to the original contracts and no valid assignment conferring a debt claim against the corporate debtor was proved. The dispute was also treated as a real pre-existing dispute, making insolvency proceedings inappropriate. The company petition was therefore not maintainable and its dismissal was affirmed. Case-Laws IBC Tue, 02 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468057