NCLT's Section 9 CIRP Admission Overturned Due to Lack of Undisputed Debt and Incomplete Fact Consideration.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Initiation of CIRP - existence of debt and dispute or not - Operational Creditors - NCLT admitted the application - The present is not a case where there is an undisputed debt for which insolvency can be initiated against the Corporate Debtor. The Adjudicating Authority having heard the matter ex-parte has failed to appreciate the facts of the case in its entirety and therefore committed an error in admitting the Section 9 application and we therefore hold that the impugned order passed is unsustainable. - AT....
TaxTMI
TaxTMI