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october 2022

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.

RAJRATAN BABULAL AGARWAL vs SOLARTEX INDIA PVT. LTD. · Niyam