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2017 (7) TMI 1 - AT - Insolvency and BankruptcyCorporate Insolvency Resolution Process - “dispute” and “existence of dispute” - Held that:- In the present case the Respondent - Corporate Debtor much prior to issuance of notice under Section 8 of 'I & B code', raised a dispute relating to quality of service/ maintenance pursuant to notice under Section 433(e) and 434 (1)(a) of the Companies Act 1956 to the notice of the 'Operational Creditor'. In that view of the matter, it can be safely being stated that there is 'existence of dispute' about the claim of debt. Objection raised by Respondent - 'Corporate Debtor', not raised for the first time while replying to the notice issued by 'Operational Creditor' under Section 8 of the 'I & B code'. The objection cannot be called to be mere objection raising a dispute for the sake of 'dispute' and/or unrelated to Clause (a) or (b) or (c) of sub-section (6) of Section 5 of 'I & B code'. For the said reason if the Adjudicating Authority has refused to entertain the application under Section 9 of 'I & B code, no ground is made out to interfere with such orders.
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