...or illusory, the adjudicating authority has to reject the application.”24 In view of the judgement delivered by the Hon'ble Supreme Court in the case of Mobilox v. Kirusa reported...case of Mobilox Innovations Private Limited v. Kirusa Software Private Limited the existence of genuine dispute prior to the demand notice issued in the instant case stand established in this case...Private Limited v. Kirusa Software Private Limited . No 9405 of 2017 SC) by the Hon'ble Supreme Court. It is significant to read Para 40 of the said judgement. It read as follows...

...Clause 14.3.1 of the Business Partnership Agreement does not preclude IBC action. Supreme Court precedents (Indus Biotech v. Kotak, Mobilox v. Kirusa) hold...Limited v. Kirusa Software Private Limited . (2018) 1 SCC 353; 2. K. Kishan v.Vijay Nirman Company Pvt. Ltd... v. Disagreement over commission and reconciliation. 6 C. Dispute Over Amount Due and...

...Mobilox Innovations Private Limited v. Kirusa Software Private Limited . No. 9405 of 2017], this Petition deserves rejection, pleaded by Ld...parties.8.1. In respect of the definition of “dispute”, the law is now very much settled as held by several Hon'ble Courts, most importantly the decision of Mobilox v. Kirusa (supra...Limited v. Kirusa Software Private Limited ., [Civil Appel No. 9405 of 2017] Order dated 21.09.2017, opined that:“Para-40. It is dear, therefore, that once the...

...Court's in "Mobilox Innovations Private Limited v. Kirusa Software Private Limited ., (2017) SCC OnLine SC 1154...

.... In Mobilox Innovations Private Limited v. Kirusa Software Private Limited (2018) 1 SCC 353, this Court held...[Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd., (2018) 1 SCC 353 : (2018) 1 SCC (Civ) 311], being...authority has to reject the application.”18. In K Kishan v. Vijay Nirman Co. (P) Ltd. (2018) 17 SCC 662, cited by...

...cited the judgment of Hon'ble Apex Court in Mobilox Innovations Private Limited v. Kirusa Software Private Limited . (supra) claiming that...oral submissions made by the parties. Both parties have cited the judgment of Hon'ble Supreme Court in Mobilox Innovations Pvt. Ltd. v. Kirusa Software (P) Ltd. (Civil Appeal no. 9405 of 2017 decided...v. Kirusa Software Private Limited . ((2018) 1 SCC 353) the application for insolvency under Section 9 of IBC cannot be admitted. His contention is there is no need to go into the merits of...

...and required to be given, this Tribunal finds prima facie that there is a pre-existing dispute as between the parties and hence as enunciated the case of Mobilox Innovation v. Kirusa Software...

...the adjudicating authority should be satisfied that a genuine dispute exists. The appellants relied upon a decision of this Court in Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd. (2018) 1 SCC 353, (2018) 1 SCC (Civ) 311 This aspect has been clarified in Mobilox Innovations...and directed the application be proceeded with.3. At the outset, the learned counsel for the appellants submitted that after the decision in Innoventive Industries Ltd. v. Icici Bank...SCC 353, (2018) 1 SCC (Civ) 311 in the following terms : (Mobilox Innovations case (2018) 1 SCC 353, (2018) 1 SCC (Civ) 311, SCC p. 403...

....10. Mr Gourab Banerji, learned Senior Advocate, appearing on behalf of the appellant has relied upon certain observations made in our judgment in Mobilox Innovations (P) Ltd. v. Kirusa Software (P...according to the Appellate Tribunal, the non obstante clause contained in Section 238 of the Code would override the Arbitration Act. Also, according to the Appellate Tribunal, since Form V of Part 5.... Therefore, it is difficult to say at this stage of the proceedings, that no dispute would exist between the parties.16. Our recent judgment in Mobilox Innovations...

...contest proceedings in two different forums, for the same defaulted amount. In the context of his submissions, Mr Dave referred to the judgment of this Court in Mobilox Innovations (P) Ltd. v. Kirusa...)‘19. In a recent judgment of this Court in Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd. (2018) 1 SCC 353...the law as declared by a larger Bench of Nclat in Company Appeal (AT) (Insolvency) No. 1121 of 2019 titled Ishrat Ali v. Cosmos Coop. Bank Ltd. 2020 SCC OnLine NCLAT 843, where Nclat held that in an...

...Private Ltd. v. Kirusa Software Private Ltd., (2018) 1 SCC 353, a dispute must truly exist in the facts and should not be spurious, hypothetical....10. Though the issue as framed in the orders dated 18.04.2018 and 23.05.2018 was not decided by the NCLAT, in our view, in keeping with the law laid down by this Court in Mobilox Innovations...OF PROCEEDINGSCivil Appeal No. 2730/2020Vishal Vijay Kalantri.….Appellant(s)v.DBM...

...Innovation (P) Limited v. Kirusa Software (P) Limited. This Tribunal in the matter of OPGS Power Gujarat (P) Limited v. RL Steels...from the Corporate Debtor. The cause of action to the Operational Creditor accrues only upon the service of Section 8 notice under IBC, 2016 and as held by the Hon'ble Supreme Court in Mobilox...

...Mobilox Innovations Private Limited v. Kirusa Software Private Limited ., (2017) SCC OnLine SC 1154. 4. We find no merit...

...accrues only upon the service of Section 8 notice under IBC, 2016 and as held by the Hon'ble Supreme Court in Mobilox Innovation (P) Limited v. Kirusa Software (P) Limited. This Tribunal...in the matter of OPGS Power Gujarat (P) Limited v. RL Steels & Energy Limited in IB-492(ND)/2017 vide Order dated...

...Innovation (P) Limited v. Kirusa Software (P) Limited. This Tribunal in the matter of OPGS Power Gujarat (P) Limited v. RL Steels...from the Corporate Debtor. The cause of action to the Operational Creditor accrues only upon the service of Section 8 notice under IBC, 2016 and as held by the Hon'ble Supreme Court in Mobilox...

...‘Mobilox Innovations Private Limited v. Kirusa Software Private Limited .’, (Supra) and in the matter of ‘Transmission Corporation of Andhra Pradesh Limited v. Equipment Conductors and Cables Limited’ reported in [(2019) 12 SCC 697], wherein the Hon'ble Apex Court has held in Para 19 as follows:19. In a recent judgment of this Court in Mobilox Innovations...) Ltd. v. Kirusa Software (P) Ltd. [Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd...is not a spurious defence which is a mere bluster. In the aforenoted judgment of ‘Mobilox Innovations Private Limited v. Kirusa Software...

...different from IBC.7.10. In Mobilox Innovations (P) Ltd. v. Kirusa Software (P) Ltd. (2018) 1 SCC 353 this Court...in Sagufa Ahmed v. Upper Assam Plywood Products (P) Ltd. (2021) 2 SCC 317, albeit in the context of a case under the Companies Act, had..., has no material bearing since an appeal cannot be filed without a copy of the order. This Court in B.K. Educational Services (P) Ltd. v. Parag Gupta...

...consideration the fact that there is a dispute in existence, relying on decision of this Appellate Tribunal in "MIs. Kirusa Software Private Limited V. Mobilox Innovations Private...

..., this application was specifically dismissed by the Arbitral Council as not maintainable.19. In a recent judgment of this Court in Mobilox Innovations (P) Ltd. v.... Kirusa Software (P) Ltd. (2018) 1 SCC 353, this Court has categorically laid down that IBC is not intended to be substitute to a recovery forum. It...Court on 31-8-2017 in Innoventive Industries Ltd. v. Icici Bank (2018) 1 SCC 407. In this judgment, we had held that the adjudicating authority...

...Appellant referring to the decision of the Honble Supreme Court in Mobilox Innovations Private Limited v. Kirusa Software Private Limited...