M/S. Innoventive Industries Ltd vs Icici Bank on 31 August, 2017
In Innoventive Industries [Innoventive Industries
Ltd. v. ICICI Bank, (2018) 1 SCC 407, paras 28 and 30
: (2018) 1 SCC (Civ) 356] , a two-Judge Bench of this
Court has explained the ambit of Section 7 IBC, and
held that the adjudicating authority only has to
determine whether a "default" has occurred i.e.
whether the "debt" (which may still be disputed) was
due and remained unpaid. If the adjudicating
authority is of the opinion that a "default" has
occurred, it has to admit the application unless it is
incomplete. Speaking through Rohinton F. Nariman, J.,
the Court has observed : (SCC pp. 438-39, paras 28 &