Supreme Court of India · 2022-10-13
RAJRATAN BABULAL AGARWAL vs SOLARTEX INDIA PVT. LTD.
- Citation / case number
- SC 2021/13172
- Court
- Supreme Court of India
- Petitioner
- RAJRATAN BABULAL AGARWAL
- Respondent
- SOLARTEX INDIA PVT. LTD.
- Author
- HON'BLE MR. JUSTICE K.M. JOSEPH
- Bench
- HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE K.M. JOSEPH
Judgment text excerpt
The Supreme Court upheld the decision of the NCLAT which dismissed the appellant's appeal against the NCLT's order admitting an application under the Insolvency and Bankruptcy Code, 2016. The court examined whether the appellant had established a pre-existing dispute as per the precedent set in Mobilox Innovations Private Limited v. Kirusa Software Private Limited. The court affirmed that the NCLT and NCLAT correctly found no such dispute existed, thereby supporting the admission of the insolvency application.