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2022 (5) TMI 913 - 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, before issuance of SCN or not - HELD THAT:- On perusal of the records it is found that the corporate debtor has brought on record letters dated 08.05.2015, 15.10.2016, 16.01.2017, 24.07.2018 and email dated 09.12.2016 sent to the applicant - right from the year 2015 the corporate debtor has been complaining about the poor quality of goods supplied by the applicant. The corporate debtor has brought on record documents to substantiate its arguments that before issuance of demand notice dated 24.02.2020, there were genuine disputes with regard to quality and quantity of the goods supplied by the applicant. Hon'ble Supreme Court in the matter of MOBILOX INNOVATIONS PRIVATE LIMITED VERSUS KIRUSA SOFTWARE PRIVATE LIMITED [2017 (9) TMI 1270 - SUPREME COURT] that in case of genuine dispute raised by the corporate debtor, the application cannot be admitted. Application dismissed.
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