Upholding the principles laid down in Mobilox Innovations, a Supreme Court bench of Justices R.F Nariman and Indu Malhotra has ruled that insolvency cannot be triggered when the corporate debtor has challenged an arbitral award passed against it. The arbitral award in question being the debt awarded in favour of the creditor based on which insolvency is sought to be triggered. In the case of K. Kishan vs. Vijay Raman Company Pvt Ltd, a dispute regarding claims arising out of a project was referred to an arbitral tribunal. While the arbitration award was passed in favour of the creditor (the […]
The post <b>Challenge to arbitral award is a ‘dispute’ under Insolvency Code:</b> Supreme Court
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