Non-response to notice u/s. 8 doesn’t debar Corporate Debtor to contest application u/s. 9

Spik Enviro Management Pvt. Ltd. Vs Vision Earthcare Pvt. Ltd. (NCLAT Delhi)

NCLAT Delhi held that Section 8 of the Code travels in a different direction then an application filed under Section 9. Thus, if the notice u/s. 8 is not replied by the Corporate Debtor it does not debar the Corporate Debtor to contest the application filed u/s. 9 of the Code by raising its defence.

Facts- This appeal is against the order dated 06.06.2023, by which an application filed by the Appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016, has been dismissed o

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