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 / RSS

NCLAT Upholds Dismissal of CIRP Petition Under Section 9 IBC Due to Pre-Existing Debt Dispute

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 upheld the dismissal of the CIRP petition under Section 9 IBC, emphasizing that the Adjudicating Authority rightly declined to initiate insolvency proceedings due to the existence of a pre-existing dispute concerning the debt. The Tribunal clarified that the mere non-response to a Section 8 notice does not amount to an admission of debt and that the burden lies on the creditor to establish an undisputed default. It further observed that the Adjudicating Authority erred in presuming the existence of the work order and applying the 90-day payment period under Section 10A IBC without sufficient proof. Since the foundational contractual terms remained unascertained, the invocation of CIRP was premature. Consequently, the order dismiss.........