application under Section 9 , IBC was
dismissed assigning reason of existence of ‘pre-existing
dispute’ as well.
27. The appellant and the respondent have cited ... dismissal of the stated
application on the ground of existence of ‘pre-existing
dispute(s)’ between the parties. Nonetheless, we are of
the considered view
appellant has raised a dispute which can be described as
‘a pre-existing dispute’ as understood by this Court in
the decision in Mobilox Innovations ... NCLT has rejected the
version of the appellant that there exists a pre-existing
dispute which stands affirmed by the NCLAT.
3. The facts necessary
Bankruptcy Code 2016 is not maintainable on account of 'pre-
existing dispute'?
Heard the learned counsel for the parties and perused the
record ... Code,
without considering the fact, that there was a pre-existing dispute
regarding enhancement of rent, much before the issuance of
demand notice.
Thus
Order
dated 20.12.2018, rejected the Application on the ground of 'Pre-Existing
Dispute' and 'Claims being time barred'.
-2-
Brief Background ... dispute ( Section
8(2)(a) ). What is important is that the existence of
the dispute and/or the suit or arbitration
proceeding must be pre
operational debt claimed by the appellant was not free from pre-existing
dispute, set aside the orders dated 30.09.2020 passed by the National
Signature ... said
that no dispute existed between the parties. While iterating the
enunciations in Mobilox Innovations (supra) that the dispute must pre-
exist the date
submission of the Appellant that
there was a pre-existing dispute which dispute truly exists and was not
spurious, hypothetical or illusory. Adjudicating Authority ... bearing and dispute was
in existence even before the date of presentation of Cheque. The pre-
existing dispute was demonstrated in correspondence as above
dated 11th March, 2020 to point out that there is a pre-existing dispute.
Company Appeal (AT)(Ins) No.616/2021
3
Ld. Sr. Counsel ... exchanged prior to 12th June 2020 plainly demonstrates the existence of
a pre-existing dispute: (Pg. 174 para-viii)
2.2.1 The Corporate Debtor specifically took
operational debt claimed by the appellant was not free from pre-existing
dispute, set aside the orders dated 30.09.2020 passed by the National
Company ... said
that no dispute existed between the parties. While iterating the
enunciations in Mobilox Innovations (supra) that the dispute must pre-
exist the date
which the Appellant argues,
is irrelevant given the absence of any pre-existing dispute as required under the
code.
20. The counsel for the respondent ... appeal
challenges order of AA on the basis of a "pre-existing dispute" between the
Company Appeal
which the Appellant argues,
is irrelevant given the absence of any pre-existing dispute as required under the
code.
20. The counsel for the respondent ... appeal
challenges order of AA on the basis of a "pre-existing dispute" between the
Company Appeal
