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2022 (11) TMI 1452 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIRejection of section 9 application - dispute raised in letter regarding poor quality and deficiency in service - preexisting dispute or not - HELD THAT:- Submission of the Appellant that payment was never denied and contract continued even after letter dated 18.02.2015 also does not negate the dispute between the parties, since poor quality of service was explained by Corporate Debtor by letter dated 18.02.2015, hence, the dispute was very much there from the said date at least. Section 9 application was also objected by the Respondent and reply was filed raising dispute and refuting the claim of the Appellant. The Adjudicating Authority had come to the conclusion that there being pre-existing dispute application deserves rejection. The disputes pertaining to contractual issues are not to be resolved in Section 9 proceedings. Present is not a case where there is undisputed debt for which insolvency can be asked by the Appellant to be initiated. No error has been committed by the Adjudicating Authority in rejecting Section 9 application, there being a preexisting dispute - There is no merit in the Appeal - Appeal is dismissed.
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