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2018 (1) TMI 1578 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor has defaulted in remitting the amounts under some invoices giving rise to an Operational Debt - existence of dispute or not - HELD THAT:- It is noticed that the email relied upon by the Operational Creditor and the Corporate Debtor are addressed to Mr. Dhananjay Kumar of the sister company of the Corporate Debtor, supporting the contention of the Corporate Debtor that the transactions were interrelated. The agreement relied upon by the Operational Creditor was also with M/s SSMP. Both parties have relied upon the common agreement and common emails. From the various emails, it is apparent that disputes existed even prior to the issuance of notice under Section 8. Notwithstanding that the notice for arbitration may have been given around the same time as the notice u/s 8 of the Code by the Operational Creditor, but the copious emails on record are sufficient to show the dissatisfaction over the documentation, raising the element of deficiency in services rendered had been raised long back - it appears that the payments were withheld on account of a dispute, the prayer of initiating Insolvency Resolution Process cannot be granted. Petition dismissed.
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