Mobilox Innovations Private Ltd vs Kirusa Software Private Ltd on 21 September, 2017
Equivalent citations: AIR 2017 SUPREME COURT ... COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9405 OF 2017
Mobilox Innovations Private Limited … Appellant
Versus
Kirusa Software Private Limited … Respondent
JUDGMENT
existing dispute’ as understood by this Court in
the decision in Mobilox Innovations Private Limited v.
Kirusa Software Private Limited1 . NCLT has rejected the
version ... would draw our attention to the findings
of this Court in Mobilox Innovations Private Limited
(supra) that a dispute which is raised must be supported
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
appellant has relied upon certain observations
made in our judgment in Mobilox Innovations Private Limited
vs. Kirusa Software Private Limited ... dispute would exist between the parties.
7) Our recent judgment in Mobilox Innovations (supra)
throws considerable light on the issue at hand. While referring
reading of Sections 8 and 9 of the Code, as
explained in Mobilox Innovations (P) Ltd. v. Kirusa
Software ... entail dismissal of application of
the appellant under Section 9 , IBC. In Mobilox
Innovations (P) Ltd. (supra), particularly at paragraphs
33 and 51, this Court
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
such persons. They
relied upon this Court’s judgment in Mobilox Innovations Private
Limited v. Kirusa Software Private Limited , (2018) 1 SCC 353
[“Mobilox Innovations ... debtor and prepare a
resolution plan.”
(emphasis supplied)
11. This Court in Mobilox Innovations (supra) stated:
“27. The notes on clauses annexed to the Bill
Code.”
24
(2018) 1 SCC 407
30
PART D
36 In Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd. 25 (“Mobilox
Innovations ... final observation of the Court in Mobilox Innovations (supra) has also
been reiterated by another two-judge Bench of this Court in Kay Bouvet Engg
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
