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2019 (2) TMI 1839 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - pre-existing dispute or not - time limitation - HELD THAT:- It is an admitted fact that the delay occurred from the side of the operational creditor, against which, the operational creditor of course says it has happened because requisite documents were not supplied. Today the ground position is, it is a fact that there is pre-existing dispute between the operational creditor and the corporate debtor before section 8 notice was issued about the operational creditor providing services to the corporate debtor, notwithstanding the merit of the contentions of either side. The corporate debtor on 20.07.2018 has replied to the section 8 notice within 10 days from the date of receipt the notice stating that operational creditor failed to provide services as agreed between them by saying that this was informed to the creditor long before section 8 notice was issued. This claim is hit by pre-existing dispute - petition is dismissed.
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