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2018 (7) TMI 2292 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHIMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - it is alleged that the Corporate Debtor made frivolous attempt to deny the admitted dues and default - HELD THAT:- The Adjudicating Authority came to a definite conclusion that there is 'existence of dispute' and refused to admit the application under Section 9 of the I&B Code, while we have noticed the plea taken by the appellant that no reply pursuant to demand Notice was given by the 'Corporate Debtor', but that will not take away the right of 'Corporate Debtor' to take plea of 'existence of dispute' before the Adjudicating Authority at the time of admission of application under Section 9 of the I&B Code. Appeal dismissed.
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