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2019 (3) TMI 879 - AT - Insolvency and BankruptcyCorporate Insolvency Resolution Process - pre-existing dispute - application under Section 9 filed - HELD THAT:- Corporate Debtor has taken a specific plea that in view of lack of expertise, the Operational Creditor (Appellant herein) was not in a position to execute the contract awarded to it and miserably failed to fulfill its obligations. In fact, the Operational Creditor abandoned the project midway without any notice; all the personnel of the Operational Creditor were also removed from the project site in August, 2017. In this background, the Corporate Debtor was forced to engage another contractor by issuing second work order dated 15th August, 2017 to one M/s KSV Infrabuild for a sum of ₹ 2,99,73,003/- The Corporate Debtor had also sought for damages from the Operational Creditor but the notice which was retuned on 3rd May, 2018 with remarks ‘door locked’. From the aforesaid facts we find that there is a pre-existing dispute about performance of the Operational Creditor. For the said reason, the Adjudicating Authority rightly refused to entertain the application under Section 9.
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