2020-TIOLCORP-26-NCLAT Flipkart India Pvt Ltd Vs Cloudwalker Streaming Technologies Pvt Ltd
Whether withdrawal of notice requesting payment of amount before issuance of demand notice u/s 8 of the IBC by the Operational Creditor means that prior dispute regarding the debt has ceased to exist - NO: NCLAT
Whether if the loss to the Operational Creditor is not crystallized, the NCLT is barred in exercise of its jurisdiction to determine the claim amount & initiate the insolvency resolution process - YES: NCLAT
Whether mere existence of supply agreement and projection of debt without substantiating the actual amount with copy of invoices can constitute proof of corporate debt - NO: NCLAT
Whether where insolvency application is filed u/s 9 & demand notice is delivered in Form 3 of Adjudicating Authority Rules, 2016, then as long as the existence of operational debt is proved the submission of copy of invoice is not mandatory in Form 5 of Rules, 2016 - YES: NCLAT
2020-TIOLCORP-25-NCLAT
G Shivramkrishna Vs ISGEC Covema Ltd
Whether even after passing of award by the Arbitrator, if corporate debtor does not honour award then operational creditor is right in invoking jurisdiction of NCLT u/s 9 of the IBC - YES : NCLAT
- Appeal dismissed: NCLAT |