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IBC - Highlights / Catch Notes

Home Highlights August 2019 Year 2019 This

Admissibility of CIRP application - pre-existing dispute - ...

Insolvency and Bankruptcy

August 5, 2019

Admissibility of CIRP application - pre-existing dispute - Admittedly, Appellant is pursuing the litigation before the Bombay High Court in regard to the foreign decree and claim payable - adjudication is sought in regard to foreign decree obtained ex-parte falls within the purview of a pre-existing dispute placing an embargo on the powers of Adjudicating Authority to initiate CIRP at the instance of a Corporate Debtor

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