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2019 (6) TMI 1195 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - Existence of disputes regarding payments - section 9 of the Insolvency and Bankruptcy Code 2016 - It is the contention of the Operational Creditor that they have delivered the goods of the Corporate Debtor to the specified destination as per the instructions and after the delivery it has raised invoices. However, the Corporate Debtor failed to rnake the payments - The Corporate Debtor contended that they have cleared all the bills in respect of the Operational Creditor and they have not utilized the services of the Operational Creditor to supply as claimed by them. HELD THAT:- It is well settled principle of Law that, as long as there exist a real dispute as to payment between the parties and such existence of a dispute is a ground for rejecting the Petition under Section 9 of the 1B Code. In the present case the Adjudicating Authority having satisfied with the submissions put forth by the Corporate Debtor, that there is a pre- existing dispute, held that the Petition filed under section 9 of the 1B Code is not maintainable and the same is not admitted, consequently the Petition is dismissed.
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