Supreme Court of India
Kay Bouvet Engineering Ltd. v. Overseas Infrastructure Alliance (india) Private Limited
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
Resultantly, this appeal is allowed and the impugned order dated 21st December 2018, passed by NCLAT is quashed and set aside.
Judgment, page 26
From the headnote
Insolvency and Bankruptcy Code, 2016: ss. 8 and 9 – Corporate Insolvency Resolution Process – Application for initiation of CIRP by operational creditor – Maintainability of – Held : When a dispute truly exists in fact and is not spurious, hypothetical or illusory; and if a notice has been received by “Operational Creditor”, the adjudicating authority rejects the application f or initiation of CIRP – It is required that the notice by the “Corpo rate Debtor” must bring to the notice of “Operational Creditor” the existe nce of a dispute or the fact that a suit or arbitration proceedings re
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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