Sec 9 insolvency plea can't be rejected when disputed claim is not raised prior to demand notice, NCLAT

Aditi Singh July 25 2019
Register of Companies

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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