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Pre-existing dispute cannot be decided in a summary procedure: NCLAT Delhi
Case Law Details
- Case Name
- Sanjay Kumar Vs Gannon Dunkerley & Co Ltd (NCLAT Delhi)
- Appeal Number
- Only available for paid members
- Courts
- NCLAT
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Sanjay Kumar Vs Gannon Dunkerley & Co Ltd (NCLAT Delhi)
In the case of Sanjay Kumar vs Gannon Dunkerley & Co Ltd, the National Company Law Appellate Tribunal (NCLAT) Delhi addressed the issue of whether a pre-existing dispute between the parties can be decided summarily under the Insolvency and Bankruptcy Code (IBC), specifically under Section 9. The appeal stemmed from a dispute initiated when Gannon Dunkerley & Co Ltd (Operational Creditor) filed a petition under Section 9 of the IBC against Sanjay Kumar (Corporate Debtor) after its demand notice was replied to w...
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