Reply to Demand Notice under Section 8(1) of IBC having not been given within 10 days or no reply to demand notice having been filed by the Corporate Debtor does not preclude the Corporate Debtor to raise the issue of Pre-Existing Dispute before the Adjudicating Authority – M/s. Brand Realty Services Ltd. Vs. M/s. Sir John Bakeries India Pvt. Ltd. – NCLAT New Delhi

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Once the appointing authority itself is incapacitated from referring the matter to arbitration, it does not then follow that notwithstanding this yet appointments may be valid depending on the facts of the case – Union of India Vs. M/s Tantia Constructions Ltd. – Supreme Court

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