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2019 (11) TMI 1541 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - demand notice issued after filing of the Civil suit - existence of debt and dispute or not - HELD THAT:- The Hon'ble NCLAT in the cases of KANTI COMMERCIALS PVT. LTD. VERSUS BELTHANGADY TALUK RUBBER GROWERS MARKETING & PROCESSING CO-OPERATIVE SOCIETY LIMITED AND ORS. [2018 (3) TMI 1889 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] and PHOENIX MARKETING VERSUS UNITED BREWERIES LTD. [2018 (3) TMI 1890 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] has held that the pendency of a Civil suit before the issue of Demand notice is a dispute falling under Section 5(6) of the Code. The ratio laid down in the judgements is applied to the facts of the case on hand, since a civil suit is already pending in the City Civil Court, the present Petition deserves to be dismissed. Petition dismissed.
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