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september 2017

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.

MOBILOX INNOVATIONS PRIVATE LTD vs KIRUSA SOFTWARE PRIVATE LTD · Niyam