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2019 (1) TMI 1655 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor defaulted in making repayment - existence of dispute or not - Section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- The operational creditor has not disclosed the full material particulars in their application filed u/s 9 before us. The correspondence between the parties since July, 2016 regarding disputes of billing between them, payment of debit notes and the Court cases has not been disclosed by the applicant. These details were filed by the Corporate Debtor by way of a written submission. It is apparent that there is a long-standing dispute between the parties, as per the provisions of section 8(2)(a) of the IBC. The Operational Creditor has not filed any postal receipt to show the date on which the notice u/s 8 dated 30.12.2017 was posted or received by the Corporate Debtor. The Corporate Debtor, on the other hand, has claimed before us, that the said notice was received by them on 09/10th of January, 2018 and they had replied to it on 16.01.2018. The present petition was filed on 17.08.2018, more than six months after receipt of the said reply - As the Corporate Debtor’s reply dated 16.01.2018, had clear indication of dispute, the present petition filed by the applicant is not admissible, as per section 9(1). The application is dismissed as it is not admissible under the Insolvency and Bankruptcy Code.
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