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2021 (5) TMI 212 - NATIONAL COMPANY LAW TRIBUNAL , CHENNAI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- Upon hearing submissions and perusal of the documents placed before this Adjudicating Authority, it is seen that there is clear pre-existing dispute between the parties. It is an evident that the Pre-existing dispute from the set of emails exchanges filed along with reply. Further, the goods supplied by operational creditor have lot of "mismatch" as highlighted in the email between the parties. A few were replaced by Applicant as reflected in the emails. The total picture emerging from pleading and documents is that there has been a lot of discussions, replacement of goods and issue of mismatch of goods as earlier as email dated 27.08.2018 onwards. The Respondent has also filed copy of email dated 22.02.2019 in respect of loss faced and dissatisfaction of customer due to mismatch of casting valves. Further, by email dated 07.03.2019, the respondent has sought clarification regarding delayed supply and replacement of wrong supply. Application dismissed.
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