Whether Corporate Debtor can raise its defence at the stage of Section 9 application without giving reply to the notice issued under Section 8 of the IBC? – Spik Enviro Management Pvt. Ltd. Vs. Vision Earthcare Pvt. Ltd. – NCLAT New Delhi
Hon’ble NCLAT held that notice under Section 8 is a sine qua non for maintaining an application under Section 9 but if the notice under Section 8 is not replied by the Corporate Debtor for some reason or other it does not debar the Corporate Debtor to contest the application filed under Section 9 of the Code by raising its defence.