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2020 (11) TMI 1025 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- On perusal of the record it is found that the demand notice dated 27.06.2019 is issued by advocate Mr. Avneesh Garg on behalf of the operational creditor (page 26-35). The applicant has not put on record any document authorising Mr. Avneesh Garg, advocate to issue demand notice. Thus, the demand notice is issued by the advocate without any authority. Moreover, the demand notice is not supported by documents like copy of invoices etc. - On perusal of the records it is also found that the respondent has produced a copy of letter/email, raising a dispute regarding quality of the goods supplied by the applicant. From the above it is evident that much before issuance of demand notice dated 27.06.2019, there is/was a dispute between the parties regarding quality of the goods. In the instant application, the material placed on record by both the parties clearly establish that there is/was dispute regarding quality of the goods supplied to the respondent by the Applicant. That apart, the advocate who has issued the demand notice is/was not authorised to issue the demand notice - Petition dismissed.
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