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2022 (1) TMI 1418 - AT - Insolvency and BankruptcyRejection of Application filed by the Appellant/Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 - existence of disputes or not - HELD THAT:- From the perusal of the record and argument advanced on behalf of the Respondent and the emails corresponded between the parties are much prior to receipt of the statutory notice issued under Section 8 of the IBC which is evident from Reply Affidavit filed by the Respondent - The Respondent have raised disputes much prior to sending of the notice under Section 8 of the IBC. The Appellant neither denied these facts nor doubted these emails corresponded between the parties. These facts show that there was preexisting dispute between the parties - The Ld. Adjudicating Authority has rightly taken note of these emails and come to the conclusion that there is pre-existing dispute between the parties and rejected the Application under Section 9 of the IBC filed by the Appellant herein. The impugned order is set aside - appeal dismissed.
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