NISHANT
Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute, admission of application under section 9 IBC cannot be denied
NISHANT MEHROTRA 21 Oct 2019

Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute, admission of application under section 9 IBC cannot be denied

NCLAT :: Insolvency and Bankruptcy Code, 2016- section 5(6) read with sections 8 and 9 - Dispute - Where corporate debtor has allowed the operational creditor to execute the work though there was delay in execution, in the absence of any pre-existing dispute or pendency of suit or arbitration proceedings such delay in execution cannot be noticed to deny admission of application under section 9.


 Where there is nothing on the record to suggest that the corporate debtor raised any pre-existing dispute, relating to quality of work performed by the operational creditor, the ground of delay in execution of work cannot be noticed to deny admission of application under section 9, the corporate debtor having allowed the operational creditor to execute the work and certified all the bills.


CASE:

Ahluwalia Contracts (India ) Ltd.

Vs.

Raheja Developers Ltd.

 

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