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2020 (5) TMI 195 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and prior dispute or not - HELD THAT:- It is true operational creditor entered into service agreement with the corporate debtor. The operational creditor to render customer care services to the customers of corporate debtor. The main contention of corporate debtor that the services rendered by the operational creditor are not satisfactory and there are several deficiencies in the services of operational creditor. The contention of the corporate debtor that customers expressed total dissatisfaction of the services rendered by the operational creditor. The corporate debtor has relied on the reviews of the customers which are shown at page Nos. 75 to 82 of the counter. It is true, information from the customers found in these mails shows that they are totally dissatisfied with the services of the operational creditor. It is undisputed fact that service agreement dated October 30, 2015 was cancelled and termination notice was issued on April 19, 2018 and termination would come into effect from May 19, 2018. Thus, one months' notice was issued prior to termination. The termination of service agreement was prior to demand notice dated June 17, 2018. In the termination notice, the corporate debtor specifically stated that the services rendered by the operational creditor are not satisfactory - The termination will be with effect from May 19, 2018. There is no dispute about issuing of termination notice. The termination notice goes to show that there was prior dispute in the sense corporate debtor was not satisfied with the customer care services extended to the customers of corporate debtor. The termination notice was prior to the issue of demand notice. Thus, the dispute was raised prior to demand notice. Further the corporate debtor also filed opinion expressed by the customers with regard to the customer care services as such when there is a pre-existing dispute the present petition cannot be admitted. Thus, corporate debtor established a pre-existing dispute - Petition dismissed.
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