LANDMARK CASE

Mobilox Innovations v. Kirusa Software

(2018) 1 SCC 353 · Supreme Court of India · Insolvency law

At a glance

Citation: (2018) 1 SCC 353
Court: Supreme Court of India
Area of law: Insolvency law
In one line: If a genuine pre existing dispute exists. The Court need not decide if the defence will succeed.

1 Facts

An operational creditor filed insolvency against a debtor who claimed a dispute existed.

2 Issue

When can an operational creditor's application be rejected?

3 What the court decided

If a genuine pre existing dispute exists. The Court need not decide if the defence will succeed.

4 Why it matters

Key test for operational creditors.

5 Think about it

What makes a dispute 'genuine'?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

7 More cases on Insolvency law

ArcelorMittal India v. Satish Kumar Gupta (2019) 2 SCC 1
Committee of Creditors of Essar Steel v. Satish Kumar Gupta (2020) 8 SCC 531
Innoventive Industries v. ICICI Bank (2018) 1 SCC 407
Pioneer Urban Land v. Union of India (2019) 8 SCC 416
Swiss Ribbons v. Union of India (2019) 4 SCC 17

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