Section 8 (1) and this view would get support
from sub-section (2) of Section 8 itself. Sub- section 2 of
Section 8 , IBC ... under Section 9 , IBC
is governed by Section 238 A, IBC and therefore, it
could not be construed that Section 9 application
should invariably
Central Government
before initiation of the proceedings under Section 7 or Section
9 IBC would be required and even without such consent of the
Central ... Government, the insolvency proceedings under
Section 7 or Section 9 IBC initiated by the operational creditor
shall be maintainable.”
21. In Kaledonia Jute and Fibres
Section 16G, Section 16J and Section 16M of the Tea
Act, an application under Section 7 or Section 9 of the IBC would ... Central Government before initiation of the proceedings under
Section 7 or Section 9 of the IBC would be required and even
25
without such consent
admitting the application.
31. The NCLT, exercising powers under Section 7 or Section 9 of
IBC, is not a debt collection forum. The IBC tackles ... Page 9 of 79
initiation of CIRP by an operational creditor. On a reading of
Sections 8 and 9 of the IBC, it is patently
notice can render the section 9 petition invalid. For the
13
sake of specificity, Sections 8 and 9 of the IBC and Rule ... section 9 petition is the
occurrence of a ‘default’. It cannot be disputed that the trigger to initiate CIRP
under section 9 of the IBC
submitted that proceedings under Section 9 and Section 61 of the
IBC are civil proceedings and pertain to the same matter in issue ... action for
initiation of an application, whether under Section 7 or
under Section 9 IBC, is default on the part of the
corporate debtor
IBC will commence not from
the date of issuance of notice under Section 8 of IBC
or filing of a petition under section 9 thereof ... Section 21 of the Arbitration Act
and filing of an application under Section 11 thereof
would scuttle the proceedings under Section 9 of IBC
Section 8 of the IBC, 2016.
iv. In deciding the fate of this appeal on the denial of admission of application
under Section 9 ... receipt
of demand notice under Section 8 , IBC. In other words, the
dismissal of the application under Section 9 , IBC on the ground
referring to Section 11(a) of IBC, the Learned
Counsel for the Respondent has argued that the Application filed under
Section 9 of the IBC ... 2021
9
Notice the Appellant was not having any cause of action for filing application
under Section 9 of the IBC. Since the appellant
referring to Section 11(a) of IBC, the Learned
Counsel for the Respondent has argued that the Application filed under
Section 9 of the IBC ... 2021
9
Notice the Appellant was not having any cause of action for filing application
under Section 9 of the IBC. Since the appellant
