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2020 (1) TMI 1593 - 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:- Considering the documents on records and submissions of counsels, it manifests that the corporate debtor has raised a pre-existing dispute as stated in its reply by sending debit notes which were sent to the applicant much prior to issue of the Section 8 notice. A conclusion can be drawn that there is ‘Preexistence dispute’ which was raised by the corporate debtor, much prior to the notice served under section 8 of the Code - the claim of applicant is not proved beyond doubt and the applicant cannot be considered for admission - Application dismissed.
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