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Initiation of CIRP u/s 9 unsustainable as dispute existed prior to issue of demand notice
Case Law Details
- Case Name
- Feng Ji Vs Giesecke &
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 11/08/2023
- Courts
- NCLAT
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Feng Ji Vs Giesecke & Devrient MS India Pvt. Ltd. (NCLAT Delhi)
NCLAT Delhi held that initiation of CIRP under section 9 of the Insolvency Bankruptcy Code, 2016 unsustainable as dispute regarding credit/refund of the service tax amount existed prior to the issue of demand notice under section 8.
Facts- This appeal has been preferred by the Appellant u/s. 61 of the IBC, who is aggrieved by the order dated 20.2.2023 passed by the Adjudicating Authority (NCLT, Chandigarh Bench) in CP(IB) No. 296/Chd/Hry/2019, whereby an application u/s. 9 of the Insolvency and Bankruptcy Code...
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