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2018 (12) TMI 1376 - AT - Insolvency and BankruptcyCorporate insolvency process - pre-existing dispute in regard to quality and standard of goods supplied by the Operational Creditor - Held that:- Raising of dispute in regard to quality of goods being inferior/substandard or defective for the first time in reply to demand notice or in response to notice served by the Adjudicating Authority would not constitute a prior and pre-existing dispute contemplated under law as a defence to the initiation of Corporate Insolvency Resolution Process, more so when the contemporary record in regard to transactions between the Corporate Debtor and the Operational Creditor at the time of delivery of goods or immediately thereafter does not demonstrate raising of any dispute with respect to quality of goods supplied by the Operational Creditor. In view of the foregoing discussion it is of the considered opinion that the Corporate Debtor has failed to demonstrate that there was a pre-existing dispute in regard to quality and standard of goods supplied by the Operational Creditor rendering the impugned order unsustainable. I find no infirmity in the impugned order. The appeal deserves to be dismissed.
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