Supreme Court after relying
on the judgment of Mobilox Innovations Pvt. Ltd. Vs Kirusa Software Pvt.
Ltd. held that once the Corporate Debtor raises ... guiding principles laid down by the Hon'ble Supreme Court in Mobilox
Innovations Private Limited Vs. 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
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
terms of the judgment of the Hon'ble Supreme Court in Mobilox
Innovations Private Limited v. Kirusa Software Private Limited, Civil
Appeal ... dated 21.09.2017 ('Mobilox' in short), if a legal
dispute exists, the Adjudicating Authority has to reject the application. The
Adjudicating Authority thus acted
been laid
down by the Hon'ble Supreme Court in Mobilox Innovations Pvt. Ltd. Vs.
Kirusa Software Private Limited ... whether the first two tests laid down by Mobilox
judgment supra of operational debt exceeding the threshold level having
become due and payable
notice. The Learned Counsel for the Corporate Debtor has relied on
the Mobilox judgement of the Hon'ble Apex Court that since there ... been laid down by the Hon'ble Supreme Court in Mobilox
Innovations Pvt. Ltd. Vs. Kirusa Software Private Limited
refers to the
judgment of the Apex Court in the case of MOBILOX
INNOVATIONS PRIVATE LIMITED VS. KIRUSA
SOFTWARE PRIVATE LIMITED reported ... judgment of the Apex Court in the case of MOBILOX
INNOVATIONS PRIVATE LIMITED (supra) which are as
under;
"32. In the passage
India caring issue of Pre-existing disputes under the
Code. In Mobilox Innovations P. Ltd. vs. Kirusa Software ... provision envisaged under
Section 9 of the Code, 2016 and the Mobilox Innovations
(Supra), we are of the considered opinion that it is a settled
India caring issue of Pre-existing disputes under the
Code. In Mobilox Innovations P. Ltd. vs. Kirusa Software ... provision envisaged under
Section 9 of the Code, 2016 and the Mobilox Innovations
(Supra), we are of the considered opinion that it is a settled
India caring issue of Pre-existing disputes under the
Code. In Mobilox Innovations P. Ltd. vs. Kirusa Software ... provision envisaged under
Section 9 of the Code, 2016 and the Mobilox Innovations
(Supra), we are of the considered opinion that it is a settled