Pre-existing contractual disputes can bar CIRP admission if substantial and bona fide; liquidated damages require full adjudication.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....At admission of a CIRP petition the tribunal cannot decide liquidated damages by summary procedure; such claims are not amenable to summary determination and therefore do not justify denial of admission on that ground alone. Pre-existing contractual disputes about quality and defects, if shown to be substantial, genuine and bona fide (not spurious, speculative or misconceived), can bar admission of a Section 9 application; numerous pre-demand communications indicating defects support that finding. A completion certificate issued with caveats does not amount to unconditional acceptance and does not foreclose contractual disputes. The appeal challenging these conclusions was dismissed.....