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2020 (2) TMI 444 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of debt - existence of dispute prior to issuance of Demand Notice by the 2nd Respondent or not - HELD THAT:- It is clear that there is pre-existence dispute with regard to quality and service prior to issuance of Demand Notice - In view of the decision of the Hon’ble Supreme Court and this Appellate Tribunal in the matter of R.S Cottmark (India) Pvt. Ltd. Vs. Rajvir Industries Ltd. [2019 (8) TMI 329 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI] the appeal needs to be allowed. Hence the appeal is allowed and order passed by the Adjudicating Authority dated 28th May, 2019 is quashed and set aside. Steps taken in consequence of Impugned Order and further Orders passed during Corporate Insolvency Resolution Process are all quashed and set aside. Appeal disposed off.
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