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2019 (4) TMI 1885 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - the invoices raised from the year 2011 to 2013. The Petition was filed on 16.07.2018 - HELD THAT:- The Petitioner had contended that the alleged disputes of quality and the e-mails regarding them are of a period before the arrangement arrived at between the Operational Creditor, Corporate Debtor and Hindalco. However, the e-mail of the Operational Creditor dated 03.09.2015 suggests otherwise. The Operational Creditor itself has raised disputes related to the quality issues that were addressed by the Corporate Debtor before the impugned agreement. Thus, from the said e-mail of the Operational Creditor, it can be said that the disputes were not settled and persisted even after the agreement and were brought to the notice of the Operational Creditor before the receipt of demand notice and in the reply of the Corporate Debtor to the demand notice of the Operational Creditor. Given the pre-existing dispute, this petition is rejected.
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