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2019 (12) TMI 1020 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor committed default in making payment - existence of dispute or not - HELD THAT:- There are clear disputes relating to breach of agreement as provided u/s. 5(6) of the Code. The dispute regarding the breach of agreement was raised by the Corporate Debtor long back prior to the issue of demand notice. Hence this is a clear case of pre-existing dispute between the Corporate Debtor and the Petitioner. There is a dispute, in relation to the unpaid operational debt, between the parties which is supported by abundant evidence. This dispute existed prior to the serving of demand notice under section 8 and the Operational Creditor had notice of existence of such dispute. Further, this dispute truly exists in fact and is not spurious, hypothetical or illusory. This petition as under section 9(5)(2)(d) is rejected.
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