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2018 (8) TMI 1618 - AT - Insolvency and BankruptcyCorporate Insolvency Resolution Process - existence of dispute’ between the Appellant/Operational Creditor and the Respondent/ Corporate Debtor - disputes existed inter-se the parties even prior to issuance of Demand Notice under Section 8 of I&B Code with respect to deficiency in services rendered - Held that:- The dispute in regard to deficiency of service was raised as early as 18.04.2016. Respondent/ Corporate Debtor claimed to have suffered pecuniary loss in an amount of ₹ 5,69,734/-. Admittedly, demand notice in terms of Section 8(1) of I&B Code was issued by the Appellant/ Operational Creditor on 04.09.2017 demanding payment. The Respondent/ Corporate Debtor issued letter dated 01.09.2017 asking the Appellant/ Operational Creditor to resolve the dispute by way of conciliation proceedings under Arbitration Act. There is no escape from the conclusion that the Respondent/Corporate Debtor had raised dispute much prior to the issuance of demand notice by Appellant/ Operational Creditor under Section 8(1) of I&B Code. The mere fact that the Respondent/ Corporate Debtor had sent its ledger account via. e-mail dated 19.04.2017 in regard to principal amount of dues of the Appellant/Operational Creditor as per the closing balance mentioned in the statement would not in any manner dilute the factum of a pre-existing dispute when the demand notice in terms of Section 8(1) of I&B Code was issued by the Appellant/Operational Creditor. On consideration of the material on record, we are of the considered opinion that the Respondent/ Corporate Debtor has been able to demonstrate that a pre-existing dispute in regard to deficiency of service was in existence when the demand notice under Section 8(1) of I&B Code was issued by the Appellant/ Operational Creditor. The Adjudicating Authority did not err in noticing the same.
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