Petition u/s 9 of IBC couldn’t be rejected on grounds of raising fake claim of Pre-Existing dispute

Romi Datta Vs Sigma Supply Chain Solutions Pvt. Ltd. (NCLAT Delhi) Conclusion: Adjudicating Authority didn’t commit any error in holding that all requisite conditions necessary to trigger CIRP under Section 9 stood fulfilled and that the grounds of pre-existing disputes did not rest on genuine foundations and it could not be rejected on ground of raising a false claim of pre existing dispute. Held: Appellant filed an appeal under Section 61 of IBC arising out of the Order passed by the Adjudicating Authority. Adjudicating Authority had admitted section 9 application filed by the Operational ...