Merely because an Operational Creditor approached NCLT u/s 9 of IBC before seeking appointment of Arbitration, it cannot be said that he was indulging in Forum Shopping – Brilltech Engineers Pvt. Ltd. Vs. Shapoorji Pallonji and Company Pvt. Ltd. – Delhi High Court
December 20, 2022
Hon’ble High Court held that in the present case, though a proceeding may have been initiated by the petitioner before the NCLT asserting that there is an admitted debt as has been pointed out by the respondent, but a mere assertion would not make it into an admitted liability especially when the respondent has been refuting it at every forum and in every proceeding. It is quite evident that there is consistent stand of the respondent challenging the amounts claimed by the petitioner. Clearly, there are arbitrable disputes in regard to the claimed amounts and the objection taken by the respondent in regard to non-existence of arbitrable disputes, is not tenable.