Supreme Court · 2021 INSC 394 · Decided 10 August 2021
Kay Bouvet Engineering LTD. v. Overseas Infrastructure Alliance (India) Private Limited
- Court
- Supreme Court of India
- Citation
- 2021 INSC 394 · [2021] 8 S.C.R. 109
- Case number
- CIVIL APPEAL No. 1137/2019
- Decided
- 10 August 2021
- Bench
- R.F. NARIMAN, BHUSHAN RAMKRISHNA GAVAI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IBC Section 8, 9, 9(5)(ii)(d)
Headnote
Insolvency and Bankruptcy Code, 2016: ss. 8 and 9 - Corporate Insolvency Resolution Process - Application for initiation of CIRP by operational creditor - Maintainability of - Held: When a dispute truly exists in fact and is not spurious, hypothetical or illusory; and if received by "Operational Creditor", the adjudicating authority rejects the application for initiation of CIRP - It is required that the notice by the "Corporate Debtor" must bring to the notice of "Operational Creditor" the existence of a dispute or the
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