India caring issue of Pre-existing disputes under the
Code. In Mobilox Innovations P. Ltd. vs. Kirusa Software ... provision envisaged under
Section 9 of the Code, 2016 and the Mobilox Innovations
(Supra), we are of the considered opinion that it is a settled
settled by the Hon'ble Supreme Court, in the
case of Mobilox Innovative Pvt. Ltd. v. Kirusa Software ... Apex Court has categorically laid down in the Mobilox Judgement
that if a dispute truly exists in fact and is not spurious, hypothetical
or illusory
between the parties.
19. After referring to Section 8, the judgment in Mobilox Innovations
case3 went on to hold that what is important is that ... under Section 9 of the Act, will have to determine the
following: (Mobilox Innovations Case3, SCC p. 394, Para 34)
``34. ... (i) Whether there
between the parties.
19. After referring to Section 8, the judgment in Mobilox Innovations
case3 went on to hold that what is important is that ... under Section 9 of the Act, will have to determine the
following: (Mobilox Innovations Case3, SCC p. 394, Para 34)
``34. ... (i) Whether there
decision of
Hon'ble Supreme Court in the matter of 'Mobilox Innovations Pvt. Ltd.' V.
'Kirusa Software ... reading of Sections 8 and 9 of the
Code, as explained in Mobilox Innovations
(P) Ltd. V. Kirusa Software (P) Ltd. [Mobilox
Innovations
false disputes and in that
context has cited the judgment of Mobilox Innovations Private Limited Vs.
Kirusa Software Private Limited in Civil Appeal ... parties and carefully gone through the Hon'ble Supreme Court Judgment
Mobilox Innovations Private Limited Vs. Kirusa Software Private Limited in
Civil Appeal
settled by the Hon'ble Supreme
Court in its judgment in Mobilox Innovations Private Ltd vs Kirusa
Software Private ... have already noticed the
judgment of Hon'ble Supreme Court in Mobilox Innovations Pvt. Ltd.
(Supra) where the Hon'ble Supreme Court
subject is judgment of the Hon'ble Supreme Court in " Mobilox
Innovations Private Limited vs. Kirusa Software Private Limited ... Cables Ltd.- (2019) 12 SCC 697", this Court
relying on " Mobilox Innovations Private Limited " (supra) held that
existence of an undisputed debt
teeth of judgement of Hon'ble Supreme Court passed in Mobilox
Innovations Pvt Ltd V Kirusa Software Pvt Ltd (2018) 1 SCC 353. Besides
subject is judgment of the Hon'ble Supreme Court in " Mobilox
Innovations Private Limited vs. Kirusa Software Private Limited ... Cables Ltd.- (2019) 12 SCC 697", this Court
relying on " Mobilox Innovations Private Limited " (supra) held that
existence of an undisputed debt
