Supreme Court of India · 2017-09-21
MOBILOX INNOVATIONS PRIVATE LTD vs KIRUSA SOFTWARE PRIVATE LTD
- Citation / case number
- SC 2017/20386
- Court
- Supreme Court of India
- Petitioner
- MOBILOX INNOVATIONS PRIVATE LTD
- Respondent
- KIRUSA SOFTWARE PRIVATE LTD
- Author
- HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
- Bench
- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Judgment text excerpt
The Supreme Court addressed the applicability of the Insolvency and Bankruptcy Code, 2016, specifically under Sections 8 and 9, concerning operational debts owed to operational creditors. The Court held that a notice of dispute regarding the debt, as communicated by the appellant, effectively triggers the requirement for the National Company Law Tribunal to consider the bona fide nature of the dispute before proceeding with insolvency proceedings. The appeal was dismissed, affirming the Tribunal's decision to reject the application due to the existence of a dispute over the debt.