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2019 (9) TMI 892 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor defaulted in repayment of amount - pre-existing dispute or not - HELD THAT:- The main contention of the Corporate Debtor that Operational Creditor was liable to pay an amount of ₹ 7.5 lakhs in addition to the amount already paid. The main case of Corporate Debtor that Operational Creditor agreed to pay the sum but however it did not pay. This dispute existed prior to the demand notice issued on behalf of Operational Creditor. The Operational Creditor was to further release ₹ 7.5 lakhs. He failed to pay and Corporate Debtor therefore demanded this money which arises in connection with MSA and both parties admitted having entered into MSA. The Corporate Debtor also issued reply to the demand notice raising dispute. The Corporate Debtor filed certain documents which are e-mails issued from time to time but the fact remains the agreed amount of ₹ 7.5 lakhs was not paid by the Operational Creditor to the Corporate Debtor. This is a pre-existing dispute between the parties. If ₹ 7.5 lakhs was paid to the Corporate Debtor, then Corporate Debtor would have completed the task orders under MSA. Long back dispute was raised before filing the petition. Though email correspondence was filed by the Operational Creditor, yet there was dispute between the parties over payment of balance. Therefore, Petition is liable to be rejected on these grounds. The Petition is liable to be rejected as there was pre-existing dispute between the parties - petition dismissed.
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