Tagged “pre-existing-dispute”

3 articles on pre-existing-dispute.

Catalyst Trusteeship v. Ecstasy Realty: debenture-trustee Section 7 restored

On 24 February 2026, the Supreme Court restored a ₹600 crore Section 7 IBC petition, holding that informal restructuring with one debenture holder cannot defeat a debenture-trustee application that did not follow the Debenture Trust Deed's amendment procedure.

Valkya Editorial·2 Jun 2026·8 min

Landmark JudgmentSupreme Court of India

GLS Films v. Chemical Suppliers India: Section 9 enquires existence, not merits, of pre-existing dispute

On 9 April 2026, the Supreme Court restated the Mobilox Innovations discipline: in a Section 9 IBC application the Adjudicating Authority enquires only into the existence of a plausible pre-existing dispute, not its merits; NCLAT cannot conduct a mini-trial to test the defence.

Valkya Editorial·2 Jun 2026·8 min

Landmark JudgmentNational Company Law Appellate Tribunal, Principal Bench, New Delhi

Akshay Kumar Bhatia v. Cue Learn: celebrity endorsement fee is not operational debt

NCLAT held on 9 February 2026 that a contested endorsement-fee instalment, plausibly linked to actual service-days, gives rise at most to a damages claim, not to operational debt under s.5(21) IBC; CIRP cannot be a recovery forum.

Valkya Editorial·1 Jun 2026·8 min