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2019 (5) TMI 384 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - operational creditor - Form 5 as prescribed in Rule 6(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 - HELD THAT:- The respondent-corporate debtor continued assigning work to the petitioneroperational creditor under good faith and an understanding that the rates will be rationalized reasonably in the meantime. The Adjudicating Authority cannot go into the issue as to whether this defence is correct or it may or may not be ultimately accepted, but such questions have to be decided in a full trial before the Civil Court. Simply, because some of the invoices paid by the respondent cannot rule out the possibility of a dispute in respect of unpaid invoices where the dispute was raised way back on 03.01.2018, much before the sending of the demand notice under Section 8 of the Code. The present is thus, a case in which there was a pre-existing dispute even before the demand notice was sent. The instant petition is therefore, rejected.
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