Kirusa Software Private Ltd vs Mobilox Innovations Private Ltd on 24 May, 2017
oat "ENAHE THE NAT IONAL COMPANY LAW APPELLATE TRIBUNAL
oe COMPANY ... December, 2016 replied to the same on behalf of respondents
debtor: Mis Mobilox Innovations Private Limited, relevant of whieh'.
have chgaged yourselves: into
Supreme Court in the matter of 'Mobilox Innovations Private
Limited' Vs. 'Kisrusa Software Pvt. Ltd. ' reported ... earlier
judgement of the Hon'ble Supreme Court in 'Mobilox Innovations Pvt. Ltd.'
(supra) in paragraph 73 and 74 laid down following
notice the
judgment of Hon'ble Supreme Court in Mobilox Innovations (P) Ltd. vs.
Kirusa Software (P) Ltd. - (2018) 1 SCC 353, where ... observation made by Hon'ble Supreme Court in Mobilox that the
Report of Bankruptcy Law Reforms Committee in paragraph 5.2.1 is
incorrect
referred to portion of Judgment of
Hon'ble Supreme Court in Mobilox Innovations Pvt. Ltd Vs. Kirusa Software ... observed as under:
"17. The Hon'ble Supreme Court in Mobilox Innovations Private
Limited V/s. Kirusa Software Private Limited
that the Hon'ble Apex Court in Mobilox Innovations
Private Limited V/s. Kirusa Software Private Limited (2018)
1 SCC 353, noted that ... Operational Debt'.
17. The Hon'ble Supreme Court in Mobilox Innovations Private
Limited V/s. Kirusa Software Private Limited
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
been laid down by the Hon'ble Supreme Court in Mobilox Innovations
(P) Ltd. v. Kirusa Software ... Mobilox' in short)
which is as reproduced below:-
"34. Therefore, the adjudicating authority, when
examining an application under Section
incomplete document.
4
18. The Hon'ble Supreme Court in Mobilox Innovations
(supra) gave a very wide meaning to the term 'the existence ... Supreme Court in the matter of " Mobilox Innovations Pvt. Ltd. Vs.
Kirusa Software Pvt. Ltd. " reported in (2018) 1 SCC 353) and came
notice the
judgment of Hon'ble Supreme Court in Mobilox Innovations (P) Ltd. vs.
Kirusa Software (P) Ltd. - (2018) 1 SCC 353, where ... observation made by Hon'ble Supreme Court in Mobilox that the
Report of Bankruptcy Law Reforms Committee in paragraph 5.2.1 is
incorrect
Supreme Court of India dated 21.09.2017, in Mobilox
Innovations Pvt. Ltd., v. Kirusa Software Pvt. Ltd. (vide Civil Appeal No.
9405 of 2017), wherein ... Award. Such a case would clearly come within para 38 of
Mobilox Innovations (supra), being a case of a pre-existing ongoing dispute
between
