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2018 (4) TMI 1442 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICorporate insolvency process - application under 9 of I&B Code rejected as the certificate given by the Bank is not proper, the defects have not been removed within seven days and There is an ‘existence of dispute’- Held that:- We find that there is an ‘existence of dispute’ which has also been noticed by the Adjudicating Authority - The appellant has supplied the Microsoft software to the respondent – Corporate Debtor. The Corporate Debtor brought the matter to the notice of the Microsoft authorities that there is a defect, which suggests that the dispute is relating to the quality of the goods supplied and the services rendered by the appellant. Learned counsel for the appellant further submits that the respondent has accepted the liability but that cannot be a ground to admit the application filed under Section 9 there being an existence of dispute. For the aforesaid reason, we are not inclined to interfere with the impugned order. In absence of any merit, the appeal is dismissed.
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