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2018 (12) TMI 1622 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - pre-existing dispute - application under Section 9 filed - HELD THAT:- It is seen that as early as October, 2017 which is much prior to the issue of Section 8 notice being the notice of demand by the OC to the CD dated 22.1.2018, there has been a pre-existing dispute as between the parties. Further it is also alleged by CD that the work awarded in relation to the work order has not been completed which had forced it to award the balance work to another contractor. The quantum of work which had been completed and the amount payable thereon, if any cannot be decided in a summary manner by this Tribunal. This Tribunal is hence not required to look beyond as while considering the petition filed under Section 9 of IBC,2016 where the documents as filed by the petitioner itself discloses that there has been a dispute in pre-existence prior to the issue of Section 8 notice the same will suffice for its rejection. Hon'ble Supreme Court in Mobilox Innovations (P.) Ltd. v. Kirusa Software (P.) Ltd. [2017 (9) TMI 1270 - SUPREME COURT OF INDIA] in relation to the pre-existence of dispute, this Tribunal is required to dismiss the petition taking into consideration Section 9(5)(ii)of IBC, 2016. Petition dismissed.
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