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Rejection of application u/s 9 without pre-existing dispute is erroneous
Case Law Details
- Case Name
- Jangsher Singh Choudhary Vs Ram Kripal Singh Construction Pvt. Ltd. (NCLAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLAT
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Jangsher Singh Choudhary Vs Ram Kripal Singh Construction Pvt. Ltd. (NCLAT Delhi)
Held that there was no dispute on the date of filing of the application u/s. 9 of the IBC nor at the stage of notice u/s. 8 of the IBC any dispute was raised. Thus, NCLT has committed error in outrightly rejecting the application under Section 9 of the IBC.
Facts-
The present Appeal has been preferred u/s. 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against an order dated 26.02.2020 passed by the National Company Law Tribunal, Kolkata Bench (NCLT). By the said order NCLT has rejected the...
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