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2018 (9) TMI 1044 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICorporate insolvency resolution process - ‘existence of dispute’ - Held that:- From the record we find that e-mails were exchanged between the parties on 3rd May, 2017, 5th May, 2017, and 18th May, 2017 alleging non-submission of work completion certificate, non-completion of work, amount deductible for lead piping and non-removal of scrap material charges and exorbitant tonnage claim made by the appellant contrary to existing industry practices. All these disputes were raised by the respondent much prior to issuance of demand notice under Section 8(1) issued on 7th July, 2017. There is nothing on record to suggest any correctional measure was taken by the appellant. On the other hand, respondent pleaded before the Adjudicating Authority that there is an ‘existence of dispute’. There being disputed question of facts as to whether subsequently the scrap material were removed and exorbitant tonnage claim by the appellant was corrected or amount deducted or reduced, and as such issues cannot be determined by the Adjudicating Authority, we hold that the Adjudicating Authority rightly held that it was not a fit case for admission of application under Section 9. Appeal dismissed.
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