CourtSupreme Court of India
Decision21 September 2017
CollectionInsolvency, NCLT & Restructuring
FormatCRUX Case Note
The Crux
Section 9 is not a substitute for adjudicating a real commercial dispute: the tribunal asks whether a plausible pre-existing dispute exists, not whether the debtor will ultimately win it.
What the Court held
The Supreme Court explained the standard for 'existence of a dispute' in operational-creditor proceedings and distinguished a genuine dispute from a patently feeble or unsupported assertion.
Why it matters
The case is indispensable when assessing whether unpaid invoices belong in insolvency proceedings or in ordinary adjudication or arbitration.
CRUX practice note
This note isolates the proposition most likely to matter in practice. The precise ratio, factual limits and subsequent treatment of the authority should always be checked against the judgment itself before professional reliance.
Official source
The link below is to the Supreme Court of India’s official website or judgment repository.
Official Supreme Court source
Mobilox Innovations Private Limited v. Kirusa Software Private Limited — official court source
The judgment text remains controlling. This CRUX note is an editorial summary for general information.
This Insight is for general informational purposes only and does not constitute legal advice.