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2022 (3) TMI 754 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - pre-existing dispute or not - HELD THAT:- Apparently on behalf of the respondent, it is proved on record that there was no Striker on the box of articles containing steam iron qua the price which was apparently in violation of Legal Metrological Act. Therefore, the respondent could not resell the article further. Even the dispute was raised by respondent vide email dated 23.10.2020. In order to prove the same, the respondent corporate debtor has placed on record email dated 23.10.2020 and Debit note in order to establish the fact that there is a pre-existing dispute between the parties. The corporate debtor has also filed a debit note. The applicant in its rejoinder has not denied the fact regarding Debit Note and infact admitted that the goods were re-supplied/replaced because of quality issues. This further establish the version of respondent. The corporate debtor succeeded in establishing that there was a pre-existing dispute between the parties regarding quality of goods supplied - the present application is rejected and dismissed.
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