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2019 (4) TMI 252 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - pre-existing dispute - Corporate Debtor failed to make payment of the principal amount and interest @18% towards the supply of elastic rail clips - HELD THAT:- Referring to case of MOBILOX INNOVATIONS PRIVATE LIMITED VERSUS KIRUSA SOFTWARE PRIVATE LIMITED [2017 (9) TMI 1270 - SUPREME COURT OF INDIA] and VIJAY NIRMAN COMPANY PVT. LTD. [2018 (9) TMI 1533 - SUPREME COURT OF INDIA] in case of a dispute existing between the parties prior to the issuance of the demand notice, a petition under S. 9 of IBC is liable to be dismissed. The Corporate Debtor vide emails dated 27.9.2016 and 30.11.2016 informed the Operational Creditor about quality issues with respect to the Elastic Rail Clips. The Operational Creditor sent the demand notice on 13.1.2018. Therefore, before the issuance of demand notice, the Corporate Debtor raised a dispute regarding quality. Petition dismissed
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