Supreme Court · 2018 INSC 710 · Decided 14 August 2018
K. Kishan v. M/S Vijay Nirman Company PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 710 · [2018] 10 S.C.R. 959
- Case number
- CIVIL APPEAL No. 21824/2017
- Decided
- 14 August 2018
- Bench
- R.F. NARIMAN, INDU MALHOTRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 34(3); Limitation Act Section 14; IBC Section 9, 238
Headnote
Insolvency and Bankruptcy Code, 2016: s.9 - Invocation of the Code in respect of an operational debt where an arbitral award has been passed against the operational debtor which has not yet been finally adjudicated upon - Arbitration award in favour of respondent - Notice under - Within 10 days, KCPL disputed the invoice and filed s.34 petition - Thereafter, respondent filed petition under s.9 of the Code - Held: Under the Code, insofar as an operational debt is concerned, all that has to be seen is whether the said debt can be said to be disputed
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