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2019 (11) TMI 1381 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - pre-existing dispute or not - HELD THAT:- The e-mails relied by the Corporate Debtor do not show that there was any preexisting dispute. In fact, Corporate Debtor made payments to the Operational Creditor in respect of certain invoices and if there is really deficiencies of services then how Corporate Debtor honoured some of the invoices. In other words, Corporate Debtor made payment to the Operational Creditor in respect of certain invoices. In fact, there was no letter to the Operational Creditor raising a dispute of deficiency of services. Even reply is given by the Corporate Debtor to the Demand Notice belatedly after expiry of 10 days. The Corporate Debtor raised dispute for the first time in reply notice as if there was deficiency of services in the reply. It cannot be held that there was a pre-existing dispute. The prior dispute must be pre-existing i.e. it must exist before receipt of demand notice or tax invoice. There is nothing on record to show that any dispute was raised before raising tax invoice. The Operational Creditor has established that Corporate Debtor committed default of Operational Debt and as such application is liable to be admitted. Petition admitted - moratorium declared.
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