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Issuance of debit note or raising reconciliation issues at later stage doesn’t establish pre-existing dispute
Case Law Details
- Case Name
- Tremco CPG (India) Private Limited Vs Brite Proofings Private Limited (NCLT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLT
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Tremco CPG (India) Private Limited Vs Brite Proofings Private Limited (NCLT Mumbai)
NCLT Mumbai held that mere issuance of debit notes or raising of reconciliation issues at a later stage does not establish a “pre-existing dispute” within the meaning of Section 8(2)(a) of the Code. Accordingly, application u/s. 9 of Insolvency and Bankruptcy Code admitted as debt and default proved.
Facts- This Company Petition was filed on 03.12.2024 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) read with Rule 6 of the Insolvency and Bankruptcy (Application to A...
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