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2019 (11) TMI 770 - NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH, CHENNAIMaintainability of application - initiation of CIRP - Corporate Debtor defaulted in making payment - Section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- It is evident that the issues in respect to break downs cropped up subsequent to the letter dated 05.01.2018 and the same was brought to the notice of the Operational Creditor long before issual of Section 8 notice i.e., on 26.02.2018 itself. Thereafter, since there is no material from the side of the operational creditor disclosing that the Operational Creditor already resolved those issues, except filing this case basing on the section 8 notice sent by the Operational Creditor, it is to be construed that dispute in respect to the break downs has remained in existence as on the date the Creditor issued Section 8 notice. When there is material disclosing existence of dispute even before section 8 notice is issued, it does not make any difference as to whether reply to section 8 notice has been given within 10 days or after 10 days. This Bench having come to a conclusion that dispute has been in existence as on the date section 8 notice was issued by the Operational Creditor, we hereby dismissed this Company Petition holding that dispute is in existence in between the parties as on 26.02.2018. Petition dismissed.
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