Sec 9 insolvency plea can't be rejected when disputed claim is not raised prior to demand notice, NCLATJuly 25 2019
The National Company Law Appellate Tribunal has held that existence of a “disputed claim” cannot be a ground to reject an application under Section 9 of the Insolvency and Bankruptcy Code 2016 if the dispute was not raised prior to the issuance of demand notice under Section 8(1).
The Judgment was passed by a three-member Bench of Chairperson, Justice SJ Mukhopadhaya, Member (Judicial) Justice AIS Cheema and Member (Technical) Kanthi Narahari in an appeal by . . .
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