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Search Results for "pre-existing dispute"

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Supreme Court

Supreme Court Reverses NCLAT Decision on Corporate Insolvency Resolution Process Due to Pre-existing Dispute. The Court found that communications and actions by the corporate debtor prior to the demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, indicated a genuine dispute requiring detailed investigation, barring admission under Section 9.

9 Apr 2026

The dispute arose from a corporate insolvency resolution process initiated by Respondent, the operational creditor, against Appellant, the corporate d...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Sets Aside NCLAT Order in Insolvency Appeal Due to Lack of Reasonable Opportunity of Hearing. The Court held that the appellant was deprived of a hearing as notice was undelivered and the order was passed in its absence after remand, restoring the matter to the Appellate Tribunal for fresh decision on merits under Section 9 of the Insolvency and Bankruptcy Code, 2016.

28 Mar 2022

The Supreme Court addressed an appeal concerning an order passed by the National Company Law Appellate Tribunal in an insolvency matter. The dispute o...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case — Pre-Existing Dispute Regarding Quality of Services Bars CIRP Initiation. The dispute regarding quality of transportation services raised by the Corporate Debtor prior to the demand notice constitutes a pre-existing dispute under Section 9 of the Insolvency and Bankruptcy Code, 2016, and the Adjudicating Authority correctly dismissed the application.

4 Sep 2024

The appeal was filed by Union Roadways Limited (Operational Creditor) against Ice Steel 1 Private Limited (Corporate Debtor) under Section 61 of the I...

Tribunals

NCLAT Dismisses Appeal by Suspended Director Against Admission of Section 9 Petition for Manpower Supply Services. Operational Creditor's claim upheld as debt and default were established, and no pre-existing dispute existed.

21 Mar 2025

The appeal was filed by a suspended director of Sahara Hospitality Ltd. (Corporate Debtor) against the order of the National Company Law Tribunal, Mum...

Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 9 Petition Due to Pre-Existing Dispute and Section 10A Bar. Operational Creditor's Claim Time-Barred and Default Occurred During Prohibited Period Under IBC.

13 Jan 2025

The appeal was filed by Royal Construction (Operational Creditor) against the order of the National Company Law Tribunal, Mumbai Bench, which dismisse...

Tribunals

NCLAT Stays Admission of Section 9 Petition Due to Pre-Existing Dispute. Adjudicating Authority's Own Findings of Genuine Dispute Contradict Admission Order Under Section 9 of Insolvency and Bankruptcy Code, 2016.

28 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) was hearing an appeal against an order dated 24.03.2025 passed by the Adjudicating Authority (NCLT...

Tribunals

NCLAT Dismisses Appeal by Suspended Director Against Admission of Section 9 Application by Operational Creditor. Pre-existing Dispute Not Established as Operational Creditor's Claim for Refund of Advance Payment Was Not Disputed Prior to Demand Notice Under Section 8 of Insolvency and Bankruptcy Code, 2016.

25 Apr 2025

The appeal was filed by Bhawani Prasad Mishra, a suspended director of B.S. Ispat Pvt. Ltd. (Corporate Debtor), challenging the order dated 26.03.2025...

Tribunals

NCLAT Dismisses Shareholder's Appeal Against Admission of CIRP for Corporate Debtor Under Section 9 IBC. Pre-Existing Dispute Not Established as Dispute Raised After Demand Notice and Lacking Evidence.

1 Jan 2024

The present appeal was filed by Surendra Sancheti, a shareholder of Altius Digital Private Limited (Corporate Debtor), under Section 61 of the Insolve...

Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 9 Application Due to Pre-existing Dispute and Tampered Invoices. The Operational Creditor's claim for initiation of Corporate Insolvency Resolution Process was rejected as invoices showed tampered interest rate and payment terms, and payment of Rs. 10 Lakh after demand notice created a pre-existing dispute.

3 May 2024

The appeal was filed by Sanjay Sharma, Partner of MA Jagadamba Enterprises (Operational Creditor), against the order dated 30.11.2023 passed by the Na...

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