Supreme Court of India, in a recent
case, in Mobilox Innovations Private Limited Vs.
Kirusa Software Private Limited2 , has categorically
laid down that ... Learned Adjudicating Authority had rightly relied on the ratio in
'Mobilox Innovations Private Limited' V/s. 'Kirusa Software Private
Limited
submissions, Mr. Dave
referred to the judgment of this Court in Mobilox Innovations
Private Limited v. Kirusa Software Private Limited1 ,
29. Mr. Dave drew ... this Court followed its earlier judgment in Mobilox Innovations
Private Ltd. (supra) and observed as hereunder:-
“In a recent judgment of this Court in Mobilox
case which operates in a regime different from the IBC;
(j) In Mobilox Innovations Private Ltd v. Kirusa Software Private Ltd17 this
Court observed ... SCCOnLine SC 707 (“Ebix Singapore”)
17
(2018) 1 SCC 353 (“Mobilox Innovations”)
11
PART C
7 The rival submissions fall for our consideration.
C Analysis
remedy against the Corporate Debtor.
38. As held by this Court in Mobilox Innovations Private Limited v.
Kirusa Software Private Limited reported ... this Court followed its
earlier judgment in Mobilox Innovations Private Ltd. (supra) and
observed as hereunder:-
“In a recent judgment of this Court in Mobilox
paragraph 34 of the Hon'ble Supreme Court
Decision reported in Mobilox Innevations Private Limited v. Aurusa Sofhware
Private
ratio laid down by the Hon'ble Supreme Court in
'Mobilox Innovations Private Limited' V/s. 'Kirusa Software Private
Limited
patently feeble argument, as
held in the case of Mobilox Innovations (supra). It is also important to
mention that any investigation into the issues
short) and referring to the Judgment in
the matter of "Mobilox Innovations Pvt .Ltd. Vs. Kirusa Software Pvt. Ltd." Civil
Appeal