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2019 (9) TMI 1345 - AT - Insolvency and BankruptcyAdmission of application for CIRP - issue of demand notice at belated stage - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - HELD THAT:- The issue inter-se disputes of the Corporate Debtor cannot be taken into consideration for admitting or rejecting an application under Section 9 of IBC. Before filing of application under Section 9 of IBC, a Demand Notice was issued by the Operational Creditor under Section 8(1) of the IBC. On receipt of the notice, the Corporate Debtor has not raised any objection, nor there is anything on record to suggest a pre-existing dispute raised before issuance of Demand Notice under Section 8(1) of the IBC. The Adjudicating Authority had issued notice to the Corporate Debtor before admission of Application under Section 9 of the IBC, but no objection was raised by Corporate Debtor showing pre-existing dispute about the claims. Learned Counsel appearing on behalf of the Appellant submits that the Demand Notice was issued on 11.06.2019 before that no supply of products or services were there. But such dispute having not been raised by the Corporate Debtor before issuance of Demand Notice under Section 8(1) of IBC at belated stage, the Appellant cannot take such plea. Appeal dismissed.
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