Supreme Court · 2017 INSC 975 · Decided 21 September 2017
Mobilox Innovations Private Limited v. Kirusa Software Private Limited
- Court
- Supreme Court of India
- Citation
- 2017 INSC 975 · [2017] 10 S.C.R. 1006
- Case number
- CIVIL APPEAL No. 9405/2017
- Decided
- 21 September 2017
- Bench
- R.F. NARIMAN, SANJAY KISHAN KAUL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 271; IBC; SARFAESI Act
Headnote
Insolvency Laws - Legislative history of legislation relating to indebtedness - Discussed. C Insolvency and Bankruptcy Code, 2016: D E Purpose of enactment - Discussed. s.9 - Application for initiation of Corporate Insolvency Resolution Process (CIRP) - The an application under s.9 of the Act has to determine whether there is an "operational debt" as defined exceeding Rs. I lakh; whether the documentary evidence furnished with the application shows that the aforesaid debt is due and payable and has not yet been paid; and whether
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