Mobilox Innovations Private Ltd vs Kirusa Software Private Ltd on 21 September, 2017
22. As to whether a dispute is a pre-existing dispute, the Learned Counsel
for Appellant has correctly relied upon the judgment of the Hon'ble Supreme
Court in Mobilox supra in support of his contention. In this judgement, the
Hon'ble Apex Court while interpreting Sections 8 and 9 of IBC lays down the
guiding principle that the dispute must exist before the receipt of the demand
notice or issue of invoice. It may be useful to notice the relevant part of the
judgment as reproduced below: