Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights July 2019 Year 2019 This

Corporate Insolvency Resolution Process (CIRP) - the amount in ...


CIRP Not Suitable: Disputed Amount Predates Demand Notice, Filing Aimed at Recovery, Fails Admission Criteria.

July 8, 2019

Case Laws     Insolvency and Bankruptcy     Tri

Corporate Insolvency Resolution Process (CIRP) - the amount in question is in dispute even prior to the issue of demand notice and, it is filed for with sole intension to recover it. Therefore, it is not fit case to admit to initiate CIRP

View Source

 


 

You may also like:

  1. Pre-existing dispute regarding machine's performance and delayed delivery existed before demand notice. Respondent provided evidence of documented communication with...

  2. Initiation of CIRP - pre-existence of dispute - There was no dispute existing prior to the first demand notice and only disputes raised prior to the first demand notice...

  3. NCLAT dismissed the appeal filed by the Operational Creditor against the Corporate Debtor's Section 9 Application rejection. The tribunal found a pre-existing dispute...

  4. Jurisdiction of the Adjudicating Authority (NCLT) to adjudicate upon a closure notice issued prior to the initiation of the Corporate Insolvency Resolution Process...

  5. Duplication of demand by issuing two show cause notices (SCN) for the same period - Sabka Vishwas Legacy Disputes Resolution Scheme, 2019 (SVLDRS) - The Dispute...

  6. 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...

  7. The case assesses the statutory construct of IBC regarding demand notices u/s 9. A dispute arose over payment to Respondent No. 2 by the Corporate Debtor, with a notice...

  8. Maintainability of petition seeking initiation of CIRP against Personal Guarantor/Respondent - invocation of Bank guarantee and time limitation - The case involved an...

  9. Initiation of CIRP - pre-existing dispute - the Adjudicating Authority has erred by not considering the various e-mails communication exchanged between the corporate...

  10. Wages/salaries of the workmen/employees during the CIRP period - There are disputed questions, whether in fact the IRP/RP managed the operations of the corporate debtor...

  11. The appeal arose from a dispute regarding the service of a demand notice and the subsequent filing of a petition u/s 95 of the Code. The appellant argued that the period...

  12. Initiation of CIRP - NCLT admitted the application - Operational Creditors - The tone and tenor of these protracted correspondences clearly manifest existence of dispute...

  13. Stay of demand - pre-deposit of only 20% of the disputed demand - adjustments of refunds against demand - respondent is entitled to seek pre-deposit of only 20% of the...

  14. Initiation of CIRP - It is pertinent to note that on 09.07.2016, ‘prior to the issuance of the Demand Notice under Section 8 of the Code’, the ‘Operational Creditor’...

  15. CIRP - Rejection of Section 9 Application on the ground of pre-existing dispute - The dispute stemmed from services provided by the Operational Creditor to the Corporate...

 

Quick Updates:Latest Updates