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2019 (9) TMI 1329 - NATIONAL COMPANY LAW TRIBUNAL MUMBAIMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - HELD THAT:- There is a dispute, in relation to the unpaid operational debt, between the parties which is supported by abundant evidence. This dispute existed prior to the serving of demand notice under section 8 and the Operational Creditor had notice of existence of such dispute. This dispute truly exists in fact and is not spurious, hypothetical or illusory - this petition as under section 9(5)(2)(d) is rejected, the notice of dispute has been received by the Operational Creditor - petition dismissed.
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