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
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
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
Code. The Hon'ble Supreme
Court in the case of Mobilox Innovations Private Limited
Vs. Kirusa Software Private Limited , has inter alia held
Company ... dated
23.10.2018 (2018) 147 CLA 112 [SC], following its earlier judgment in Mobilox
Innovations Private Limited v. Kirusa Software Private Limited
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
refers to the decision
of Hon'ble Supreme Court in 'Mobilox Innovations P. Ltd.' v. 'Kirusa
Software
Supreme Court in
[( 2018) 1 SCC 363] 'Mobilox Innovations Private Limited Vs. Kirusa Software
Private Limited ' wherein paragraph 37 following was observed
explained by Hon'ble Supreme, in the case of re. Mobilox
Innovation Pvt. Ltd. vs. Kirusa Software Pvt. Ltd in the following
words:
That
