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2018 (12) TMI 966 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process (CIRP) - existence of a dispute - Held that:- There is a dispute, about the unpaid operational debt, between the parties which is supported by abundant evidence. This dispute existed before the serving of demand notice under section 8, and the Operational Creditor had notice of existence of such dispute. Further, this dispute truly exists in fact and is not spurious, hypothetical or illusory, as has been stated in the judgment of the Hon’ble Supreme Court in Mobliox case (2017 (9) TMI 1270 - SUPREME COURT OF INDIA). For the reasons mentioned above, we hereby reject this petition as, under section 9(5)(2)(d), the notice of dispute has been received by the Operational Creditor.
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