Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Operational Creditor's Section 9 Application Rejected as Pre-Existing Dispute Evidenced Through Prior Correspondence Under Section 9(5)(d)

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The NCLAT allowed the appeal against admission of a Section 9 application, finding a clear pre-existing dispute between the parties. The Tribunal held that the corporate debtor's reply dated 28.01.2020 to the demand notice constituted a valid notice of dispute under Section 9(5)(d). The Adjudicating Authority erred by dismissing this reply despite evidence of disputes predating the demand notice, including correspondence and the corporate debtor's 21.08.2019 response to a legal notice. Following Mobilox Innovations precedent, the NCLAT concluded that the Section 9 application should not have been admitted as the dispute was not moonshine but substantiated by relevant materials on record.....