Mobilox
Supreme Court of India · 2017
The Supreme Court held that an operational creditor's insolvency application must be rejected if a real dispute about the debt existed before the demand notice. The dispute does not have to be pending in a suit or arbitration. The tribunal only checks whether there is a plausible contention that needs further investigation, not whether the defence will finally succeed. The case matters because it makes clear that the Code is not a recovery forum for genuinely disputed operational dues.