Simoco Telecommunications (South ... vs Hytera Communications Corporation Ltd on 7 November, 2023
24. The next judgment relied by the learned Counsel for the Corporate
Debtor is judgment of Chennai Bench in Transfer Appeal (AT) No.227 of
2021 (Company Appeal (AT) (INS.) No.326 of 2020) - Tricolite
Electrical Industries Limited vs. WIPRO Limited, where the Appeal has
been filed against the order dismissing Section 9 Application. The order
was affirmed holding that when there is pre-existing dispute, Application
Company Appeal (AT) (Insolvency) Nos.1116 & 1523 of 2022 27
under Section 9 could not have been entertained against a solvent
company. In paragraph 16-17, following has been held: