Search Results Page
Search Results
1 - 4 of 4 (0.18 seconds)Section 8 in The Indian Contract Act, 1872 [Entire Act]
Mobilox Innovations Private Ltd vs Kirusa Software Private Ltd on 21 September, 2017
20. If we apply the test laid down in Mobilox judgement by the Hon'ble Apex
Court to the facts of the present case it is clear that the defence raised by the
Corporate Debtor in their reply filed in Section 9 application is not illusory or
moonshine. The present is not a case where there is undisputed debt for which
Page 21 of 23
Company Appeal (AT) (Insolvency) No. 2072 of 2024
insolvency can be asked for initiation by the Appellant. The Adjudicating
Authority has, therefore, correctly applied the ratio of the Mobilox judgment in
dismissing the Section 9 application and holding at Para 4 XIV of the impugned
order:
Section 59 in The Indian Contract Act, 1872 [Entire Act]
1