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IBC - Highlights / Catch Notes

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Initiation of CIRP - NCLT admitted the application - Operational ...

Insolvency and Bankruptcy

May 6, 2023

Initiation of CIRP - NCLT admitted the application - Operational Creditors - The tone and tenor of these protracted correspondences clearly manifest existence of dispute prior to the date of Section 8 demand notice on 16.09.2019 - these disputes were raised much before the issue of the issue of Demand Notice. For such disputed operational debt, Section 9 proceeding under IBC cannot be initiated at the instance of the Operational Creditor. - AT

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