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IBC - Highlights / Catch Notes

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Initiation of CIRP - pre-existing dispute - the Adjudicating ...

Insolvency and Bankruptcy

August 14, 2023

Initiation of CIRP - pre-existing dispute - the Adjudicating Authority has erred by not considering the various e-mails communication exchanged between the corporate debtor and operational creditor as evidence of a pre-existing dispute, but vide paragraph 11 of the Impugned Order has gone ahead to adjudicate the said dispute on merits even though the Adjudicating Authority was only required to see whether a dispute existing prior to the issue of section 8 Demand Notice. - CIRP closed - AT

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