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2020 (1) TMI 238 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - default of the operational debt - third party dispute - the ‘disputes’ existing between the parties/companies or not - HELD THAT:- The Respondent after receipt of the Demand Notice has raised some dispute, but the dispute is not between the Appellant/Operational Creditor and Respondent/Corporate Debtor, the dispute is in regard to Third Party. The Third Party dispute cannot come within the meaning of Section 8 & 9 R/w Section 5(6) of Insolvency and Bankruptcy Code, 2016. In this case, the Demand Notice was issued on 31.01.2018 and it was replied on 12.02.2018, before that Respondent has raised a dispute which is evident from the correspondence by way of e-mails exchanged between the parties from 10.04.2015 to 04.01.2018 as observed in the impugned order. There is nothing on record to disprove this fact - there was a pre-existing dispute between the Operational Creditor and the Corporate Debtor. Appeal dismissed.
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