NCLAT: Warranty Claims Cannot Be Enforced Through Insolvency Proceedings
The National Company Law Appellate Tribunal (NCLAT) has upheld the dismissal of a Section 9 application filed under the Insolvency and Bankruptcy Code, 2016, holding that a genuine pre-existing dispute between the parties, arising out of warranty claims and not the sale of goods, barred initiation of corporate insolvency proceedings. The Tribunal further observed that…

