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IBC - Highlights / Catch Notes

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Admissibility of application u/s 9 of IBC - pre-existing dispute ...


NCLT Shouldn't Have Admitted IBC Section 9 Application Due to Pre-Existing Dispute Over Oral Agreement and Modified Terms.

September 28, 2023

Case Laws     Insolvency and Bankruptcy     AT

Admissibility of application u/s 9 of IBC - pre-existing dispute - There are force in the contention of the Appellant that since they had never accepted any liability to make payments to the Operational Creditor and that given the fact that there was pre-existing dispute surrounding the oral agreement of 08.05.2019 and modified arrangement on 05.09.2019, the Section 9 application ought not to have been admitted by the NCLT - AT

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