NCLAT referred to the decision of this Court in the case of
Mobilox Innovations Pvt. Ltd. v. Kirusa Software ... Tribunal referred to the enunciations of this Court in the case of
Mobilox Innovations and K. Kishan (supra) and held that it was a clear
NCLAT referred to the decision of this Court in the case of
Mobilox Innovations Pvt. Ltd. v. Kirusa Software ... Tribunal referred to the enunciations of this Court in the case of
Mobilox Innovations and K. Kishan (supra) and held that it was a clear
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
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 38 of the judgment of this Court in the case of
Mobilox Innovations Private Limited v. Kirusa Software
Private Limited1 :
“38. It is, thus ... apposite to refer to the following
observations of this Court in Mobilox Innovations Private
18
Limited (supra), wherein this Court has considered the terms
“existence
which takes the respondent/Award-holder
outside the purview of the IBC; Mobilox Innovations Private Limited vs.
Kirusa Software Private Limited ... resolution
process. The Supreme Court relied on paragraphs 38 and 51 of Mobilox
Innovations to opine that one of the objects
facing
insolvency proceedings before the National Company Law
Tribunal (NCLT).
4. In Mobilox Innovations Private Limited -Vs-
Kirusa Software Private Limited, reported