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2022 (1) TMI 1134 - Tri - Insolvency and BankruptcyMaintainability 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:- Perusal of Application as well as the documents enclosed, the Email Communications between the Operational Creditor and the Corporate Debtor clearly establishes the fact that there was pre-existing dispute between both the parties. The fact that the Corporate Debtor vide its emails dated 25.03.2017 and 25.07.2017 communicated to the Operational Creditor regarding issues in services provided in regard to non-operating and defective cleaning machines and issues regarding mail services. Vide email communication dated 25.07.2017 the Corporate Debtor raised the issue regarding salary of House Keeping Boys. These email communications clearly establish the fact that there was a pre-existence of dispute between both the parties prior to the issuance of Demand Notice dated 08.04.2019. The dispute must exist before the receipt of demand notice. On examination of the documents submitted and the arguments advanced by the Ld. Counsels, it emerges that there were disputes existing prior to the issuance of the Demand Notice. Since there was a pre-existing dispute between the parties, there are no option but to reject the prayer of the Operational Creditor to initiate proceedings under Section 9 of IBC, 2016 - application dismissed.
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