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2018 (9) TMI 680 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - whether the corporate debtor succeeds in establishing pre-existing disputes as alleged in the reply affidavit? - proof of compliance as required under Section 9(5) of the Code - Held that:- Borne in mind the principle laid down in the Mobilox Innovations Private Limited -Versus- Kirusa Software Private Limited [2017 (9) TMI 1270 - SUPREME COURT OF INDIA] it appears to me that the dispute regarding the quality of goods raised on the side of the corporate debtor is a genuine pre-existing dispute. The corporate debtor succeeds in proving that the dispute was existing prior to the issuance of the demand notice. What is the amount liable to be paid by the corporate debtor is yet to be determined after resolving the disputes in between the corporate debtor and the operational creditor. In such view of the matter we can come to a right conclusion that the operational creditor failed in proving that the demand notice has been delivered to the corporate debtor and that the corporate debtor succeeds in establishing existence of a dispute between the corporate debtor and operational creditor regarding the quality of the goods and regarding the amount liable to be paid and, therefore, the application is liable to be rejected u/s. 9(5)(i)(a) and (d) of the I & B Code. Application rejected.
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