Mobilox Innovations Private Ltd vs Kirusa Software Private Ltd on 21 September, 2017
12. We now come down to examine whether there was any pre-existing
dispute raised by the Corporate Debtor prior to the date of filing the
application under Section 9 of the IBC by the Operational Creditor in light of
the guiding principles laid down by the Hon'ble Supreme Court in Mobilox
Innovations (P) Ltd. v. Kirusa Software (P) Ltd. (2018) 1 SCC 353
('Mobilox' in short). It is relevant to refer to paras 33, 51 and 56 of the said
Judgment which is extracted as hereunder: