Corporate Debtor raised the issue of pre-existing dispute based on invocation of
arbitration by issue of notice on 19.01.2023. It was contended that ... work order issued by H&S in their reply to arbitration invocation on
10.02.2023 and not referred to any novated work order issued
that the Section 7 proceedings are a counter-blast
to the ongoing arbitration proceedings is without any basis in law inasmuch
pending arbitral proceedings ... Debtor. Rather, it is submitted that
the Corporate Debtor's invocation of arbitration is nothing else but an abuse of
process
Respondent to Apple India
Pvt. Ltd. and the Appellant for invocation of arbitration. Notice dated
08.03.2022 for invocation of arbitration was replied by the Appellant
submissions of the Appellant that though the
Appellant had issued the Arbitration Invocation Notice, however, the same was
never proceeded with Adjudicating Authority has observed
submissions of the Appellant that though the
Appellant had issued the Arbitration Invocation Notice, however, the same was
never proceeded with Adjudicating Authority has observed
Limitation Act,
1963 the period of spent from the date of
invocation of arbitration till the passing
and/ or partial modification of the adjusted
under ... Limitation Act,
1963 the period of spent from the date of
invocation of arbitration till the passing
and/ or partial modification of the award
Form 'C'. The termination of loan and invocation of the arbitration clause does not hold
the Corporate Debtor liable for the claims ... statement that invocation of corporate Guarantee is incorrect as no
invocation of Guarantee took place by the Appellant, and issuing termination-cum-
arbitration notices does
Form 'C'. The termination of loan and invocation of the arbitration clause does not hold
the Corporate Debtor liable for the claims ... statement that invocation of corporate Guarantee is incorrect as no
invocation of Guarantee took place by the Appellant, and issuing termination-cum-
arbitration notices does
Debtor was an afterthought and
hence a moonshine defence. Even the invocation of arbitration proceedings
Page 4 of 19
Company Appeal (AT) (Insolvency ... agreements between the Appellant and
Respondent not terminated but even the invocation of arbitration
proceedings was done after the filing of the Section 9 application
Agreement and therefore, in the light of the invocation of
arbitration clause by the corporate debtor, the section 9
application should not have been admitted ... Isobutanol supply by the operational
creditor, and as also the invocation of arbitration clause and
issuing of notice under section 21 of the Arbitration
