Adjudicating Authority's Role in IBC Section 9: Only Identifies Disputes, Doesn't Resolve Them; Appellant's Application Dismissed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Initiation of CIRP - It is well settled that in Section 9 proceedings the Adjudicating Authority is not to enter into final adjudication with regard to existence of dispute between the parties regarding operational debt. What has to be looked into is whether the defence raises a dispute which needs further adjudication by a competent court. Disputes pertaining to contractual issues are not to be resolved in Section 9 proceedings. - The Adjudicating Authority has rightly dismissed the application of the Appellant filed u/s 9 of IBC - AT....