Supreme Court of India
Rajratan Babulal Agarwal v. Solartex India Pvt. Ltd.& Ors.
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What the Court ordered
We are of the view that this would involve the court m aking a deeper foray into the merits and attempting to find whether the dispute is bona fide as against it being a plausible contention.
Judgment, page 36
From the headnote
Insolvency and Bankruptcy Code, 2016 – s.9 – Applica tion under – Corporate Insolvency Resolution process – ‘ Pre-existing dispute’ – Application filed by first respondent u/s.9 of IB against the second respondent – Case premised on there being a sale , and a ‘debt’ owed by the second respondent under the sale – The third respondent was the Interim Resolution Professional – Appellant is an ex-director of the second respondent – NCLT rejected the version of the appellant that there existed a pre-existing dispute and admitted application filed by first respondent u/s.9 of IBC against the second
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