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NCLAT’s interpretation of terms ‘dispute’ and ‘existence of dispute’ under the Insolvency Code

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By Dr. Amit George The recent judgment of the National Company Law Tribunal (‘NCLAT’) in Kirusa Software Private Ltd. v. Mobilox Innovations Private Ltd. [Judgment dated 24.05.2017 in Company Appeal (AT) (Insolvency) 6 of 2017] has been welcomed for having provided an authoritative pronouncement on the meaning of the terms ‘dispute’ and ‘existence of dispute’ as appearing in Sections 8 and 9 of the Insolvency & Bankruptcy Code, 2016 (‘Insolvency Code’). While the judgment provides some much needed definitional clarity on certain fundamental concepts that lie at the very heart of the Insolvency Code, it is relevant to take note […]

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