NCLAT Delhi held that application under section 9 of the Insolvency and Bankruptcy Code [IBC] is not maintainable due to pre-existing dispute between the parties. Accordingly, the appeal is dismissed.

It was also held that stamping of tax/proforma invoices at the site office by lower functionaries merely indicates receipt, not acceptance, by the Respondent. Based on the above, the Tribunal ...

The Court emphasized that procedural safeguards cannot be circumvented through perfunctory consent or pro forma declarations. It reiterated that under Rule 3(1)(iii) of the Baggage Rules, 2016, ...