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2019 (3) TMI 1642 - AT - Insolvency and BankruptcyMaintainability of application - initiation of Corporate Insolvency Resolution Process - pre-existing dispute - Section 9 of the I&B Code - HELD THAT:- The respondent wrongly stated that the defective fabrics were returned by courier which is not the fact. However, such issue cannot be decided by the Adjudicating Authority as the question of return of fabrics is subsequent to that of the pre-existing dispute communicated by WhatsApp message on 4th November, 2017. Such being the position, the Adjudicating Authority having noticed the pre-existing dispute rightly rejected the application under Section 9 of the I&B Code. Appeal dismissed.
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