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2023 (2) TMI 1132 - NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH-I, CHENNAIMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - pre-existing dispute or not - HELD THAT:- It is seen from part-IV of the Application that, the Operational Creditor has claimed a total sum of Rs. 3,66,75,221/- [Principal amounting to Rs. 1,91,55,230/- along with interest @ rate of 24% per annum amounting to Rs. 1,75,19,991/-]. It is not a disputed fact that there is a case pending before the MSME FC Pondicherry in case no. 3444/Ind & Com/Unit- III/B7/2020. The same also forms part of the Applicant/Operational Creditor's submissions. Thus taking into consideration the blanket of facts and circumstances of this case, this Adjudicating Authority comes to the inevitable conclusion that this Application is liable to be dismissed as there is a "pre-existing dispute" in light of the Hon'ble Supreme Court judgment in MOBILOX INNOVATIONS PRIVATE LIMITED VERSUS KIRUSA SOFTWARE PRIVATE LIMITED [2017 (9) TMI 1270 - SUPREME COURT]. Application dismissed.
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