Arbitration Notice Shows Pre-Existing Dispute; IBC Section 9 Application Rejected

R.A.J. Krishna Construction Company Private limited Vs Newera Solutions Private Limited (NCLAT Delhi) NCLAT Delhi held that arbitration notice evidences a pre-existing dispute, thus, section 9 application filed by Operational Creditor for initiation of Corporate Insolvency Resolution Process (CIRP) rightly rejected. Facts- The present appeal filed u/s. 61 of Insolvency and Bankruptcy Code 2016 by the Appellant arises out of the Order dated 26.10.2023 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Bench-II). By the impugned order, the Adjudicating Authority has ...