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2018 (9) TMI 1892 - AT - Insolvency and BankruptcyMaintainability of application - Initiation of CIRP - Validity of demand notice under Section 8(1), issued by an advocate - existence of dispute or not - HELD THAT:- Insofar as the supply made during the year 2015, there is no dispute with regard to quality of goods supplied, from May, 2015 onwards, except one or other invoice, which is not the subject matter of the claim. Therefore, we hold that there is no dispute in existence with regard to goods supplied between 16th April, 2013 to 8th May, 2014 and the majority of goods supplied during the year 2015, except for one of which report dated 13th August, 2015 enclosed, which is not subject matter. Thereby, we hold that the Appellant has made out a case for admission of application under Section 9. Issuance of demand notice by advocate - HELD THAT:- The case being covered by decision of the Hon'ble Supreme Court in Macquarie Bank Ltd. v. Shilpi Cable Technologies Ltd. [2017 (12) TMI 850 - SUPREME COURT] cannot be a ground to reject the application. Appeal allowed.
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