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2019 (11) TMI 1412 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of dispute or not - HELD THAT:- From the perusal of the reply filed by the Respondent it is clear that the Respondent has sent an email on 09.04.2018. complaining about the quality of service provided by the petitioner and the Respondent has mentioned that the Petitioner has not provided services after 2015 and also informed the Petitioner that their services are no longer required. The Respondent also has replied to the Petitioner's Section 8 of IBC Code. 2016, notice within the mandatory 10 days bringing to the notice of the petitioner of the pending dispute. These things prove the existence of dispute between the parties prior to the issuing of notice by the Petitioner. The petitioner has also not filed the affidavit as per section 9(3)(b) of the Insolvency and Bankruptcy Code. 2016, stating that the petitioner has no notice as to the existence of dispute with the respondent with regard to the unpaid operational debt. Application dismissed.
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