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    <title>2026 (5) TMI 1309 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI</title>
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    <description>A Section 9 insolvency application was held not to be rejected for pre-existing dispute because the material did not show a genuine dispute before the demand notice under the Mobilox test. Emails after the 2021 invoices acknowledged the outstanding liability and sought settlement, and post-dated cheques further indicated admission of debt. The objections first raised in response to the Section 138 notice concerned older unsold inventory and backend discount, which were unrelated to the invoices in question. The Local Commissioner&#039;s report was not on record and, in any event, concerned a different inventory dispute. Arbitration material also related to disputes with another entity, not the operational creditor. The rejection of the application was therefore set aside.</description>
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    <pubDate>Thu, 21 May 2026 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=792107</link>
      <description>A Section 9 insolvency application was held not to be rejected for pre-existing dispute because the material did not show a genuine dispute before the demand notice under the Mobilox test. Emails after the 2021 invoices acknowledged the outstanding liability and sought settlement, and post-dated cheques further indicated admission of debt. The objections first raised in response to the Section 138 notice concerned older unsold inventory and backend discount, which were unrelated to the invoices in question. The Local Commissioner&#039;s report was not on record and, in any event, concerned a different inventory dispute. Arbitration material also related to disputes with another entity, not the operational creditor. The rejection of the application was therefore set aside.</description>
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