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    <title>2026 (7) TMI 101 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Section 9 insolvency admission was treated as impermissible where the record disclosed a plausible pre-existing dispute under the Mobilox test. Contemporaneous letters alleging deficient performance, a subsequent penalty proposal, draft settlement discussions reflected in a memorandum of understanding, a disputed credit note, and rival positions on the work completion certificate were held sufficient to show that the operational debt was genuinely contested before the demand notice. The Adjudicating Authority was also said to lack power in summary Section 9 proceedings to determine the authenticity of the credit note or finally decide the contractual dispute. On that basis, the admission order commencing CIRP was unsustainable and the application ought to have been rejected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=794215</link>
      <description>Section 9 insolvency admission was treated as impermissible where the record disclosed a plausible pre-existing dispute under the Mobilox test. Contemporaneous letters alleging deficient performance, a subsequent penalty proposal, draft settlement discussions reflected in a memorandum of understanding, a disputed credit note, and rival positions on the work completion certificate were held sufficient to show that the operational debt was genuinely contested before the demand notice. The Adjudicating Authority was also said to lack power in summary Section 9 proceedings to determine the authenticity of the credit note or finally decide the contractual dispute. On that basis, the admission order commencing CIRP was unsustainable and the application ought to have been rejected.</description>
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