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2018 (1) TMI 816 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - Whether the respondent succeeded in proving existence of a genuine dispute as alleged in the reply? - Held that:- No proof produced in support of oral intimation of dispute to the petitioner prior to the date of receipt of the demand notice by the respondent. The demand notice was received by the respondent on 28.06.2017. In the absence of proof to prove that the respondent raised the dispute as highlighted in the reply prior to the receipt of the notice from the petitioner we find no merits in the contention of the respondent that there was a pre-existing dispute as alleged. Thus, the contention of the respondent that a dispute was in existence and therefore a petition of this nature is not maintainable is found devoid of any merit. This point is answered accordingly. The contentions of the respondent that there was pre-existing dispute regarding the services given by the petitioner to the respondent and that pendency of arbitration proceedings initiated at the instances of the respondent bar the instant petition is found devoid of any merit. Given the abovesaid discussion, we have no hesitation to hold that this petition deserves admission under section 9 of I&B Code. Accordingly, we admit this Petition u/s. 9 of the Code declaring a moratorium for the purposes referred to in section 14 of the Code
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