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2018 (6) TMI 1261 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - existence of Pre-existing dispute - Held that:- A perusal of record shows that Corporate Debtor has not annexed any evidence which shows that they were unsatisfied with this visualization provided by Operational Creditor and it is the first time during reply to demand notice Corporate Debtor have stated that Operational creditor has not performed the work as per Agreement. Corporate Debtor failed to point out single evidence/correspondence email prior to reply to Demand Notice where this Tribunal could establish that there was Pre-Existing Dispute between the Operational Creditor and Corporate Debtor for non-performance of the work as per Agreement. There has been no pre-existing dispute before the issuance of demand notice between Operational Creditor and Corporate Debtor. The Operational Creditor had not received the outstanding Debt from the Corporate Debtor, and the requirements as prescribed under IB Code have been completed by the Petitioner thus we are of the view that this Petition deserves 'Admission'. We admit the petition u/s. 9 of the code declaring a moratorium for the purpose referred to in section 14 of the Code
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