A corporate debtor may still argue pre-existing problems, particularly if they were brought up prior to the notice being given, even if they do not reply to a section 8 notice within 10 days
The National Company Law Tribunal (NCLT) Mumbai has held that failure to respond to a demand notice within 10 days under Section 8 of the Insolvency and Bankruptcy Code, 2016 (the Code) does not bar the Corporate Debtor from asserting the existence of a pre-existing dispute especially when such dispute was raised before the issuance of the demand notice.
The Application was filed on 27.07.2022 under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority)…
