If the debt has been disputed, the question of default does not arise – Nayan Shah Vs. Viral Rajarashi Mehta & Anr. – NCLAT New Delhi
NCLAT referred Hon’ble Supreme Court Judgment’s M/S. Innoventive Industries Ltd. Vs. ICICI Bank & Anr. [2017] ibclaw.in 02 SC and held that from the decision of Hon’ble Supreme Court it is clear that in a petition under Section 9 the Corporate Debtor has right not only right to show that there is an existence of dispute about quality of goods or services provide but also he has right to dispute the ‘debt’ including the quantum of payment. If the ‘debt’ has been disputed, the question of default does not arise.
