In the context of the Insolvency and Bankruptcy Code (IBC), the Supreme Court has held that a 'pre-existing dispute' capable of barring the initiation of a Corporate Insolvency Resolution Process under Section 9 must be real, genuine, and supported by substantive evidence, and not a moonshine defence raised merely to obstruct CIRP. A bench of Justice Sanjay Kumar and Justice Alok Aradhe heard...
S. 9 IBC | Debtor's Ledger Acknowledging Debt & Post-Notice Payments Negate Defence Of Pre-Existing Dispute: Supreme Court
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