If Demand Notice issued u/s 8 of IBC is not replied, whether Corporate Debtor can raise pre-existing dispute in reply to the petition filed under Section 9 of the IBC – Greymatter Entertainment Pvt. Ltd. Vs. Pro Sportify Pvt. Ltd. – NCLAT New Delhi
NCLAT held that it is observed from the Sections that neither Section 8 nor Section 9 of the Code indicate that in event Reply to Notice was not filed within 10 days, the Corporate Debtor is precluded from raising the question of dispute or pleading that there or no amount due and payable, the Corporate Debtor is not prevented from establishing by way of a Reply and relevant documents, any Pre-Existing Dispute or paid Operational Debt. We place reliance of the Judgement of this Tribunal in M/s Brand Realty Services Ltd. Vs. M/s Sir John Bakeries India Pvt. Ltd. (2022) ibclaw.in 245 NCLAT, where this has been considered in detail.