Pre-existing dispute cannot be decided in a summary procedure: NCLAT Delhi

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 with a notice of d...