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2019 (7) TMI 963 - Tri - Insolvency and BankruptcyAdmissibility of petition - initiation of Corporate Insolvency Resolution Process - Section 9 of the Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 - corporate debtor - scope of “dispute” under Section 5(6) of IB Code - existence of dispute or not - HELD THAT:- On perusal of the records and correspondences of both the sides (as annexed) it is revealed that not only there was/were disputes prior to filing of the instant petition/application but also there was a dispute prior to issuance of demand notice under Section 8 of IB Code. After referring to Section 8 and the judgment in Mobilox Innovations (P.) Ltd. v. Kirusa Software (P.) Ltd. [ 2017 (9) TMI 1270 - SUPREME COURT ] went on to hold that, what is important is that the existence of dispute and/or a suit or arbitration proceeding must be pre-existing i.e. it must exist before the receipt of demand notice or invoice as the case may be. This adjudicating authority is of the considered view that there exists a pre-existing dispute regarding failure on the part of the applicant to supply coal as per condition and the which procured from outside there is/are difference in price of the material which is a matter of dispute raised by the corporate debtor time and again - the application filed by the applicant under Section 9 of the Insolvency and Bankruptcy Code for initiation of corporate insolvency resolution process is not maintainable and deserves to be dismissed. Application dismissed.
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