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2019 (3) TMI 123 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process (CIRP) - existence of dispute - HELD THAT:- Corporate Debtor has communicated the issue of poor quality of goods to the Petitioner on 28.06.2014. The issue of poor quality of goods supplied was again raised by the Corporate Debtor in its letter dated 28.07.2014. In the letter of the Corporate Debtor dated 19.09.2014 it has again communicated its inability to pay the outstanding amount due to the poor quality of the goods supplied and that it was assured a compensatory deduction of $25/MT by Glints in lieu of the loss caused. As demanded the deduction of 10% advance that it has paid from the total outstanding amount. The same were repeatedly communicated to the Petitioner by the Corporate Debtor vide its letter dated 19.11.2014, 02.12.2014 and in its reply to the Demand Notice dated 04.01.2018. The letter of the Petitioner dated 23.03.2015 communicating the settlement terms to the Corporate Debtor clearly mentions that it has note of the continuous denial by the Corporate Debtor of any obligation towards the Petitioner against the sale invoice. Argument of the Petitioner that it is not concerned with any alleged issues with regard to the quality of goods and all such issues, if exists, are between Glints and the Corporate Debtor and ought to be resolved between them is not tenable. We are of the opinion that there exists a dispute with regard to the alleged unpaid operational debt which is supported by documents and the operational creditor had notice of the same before the date of the Demand Notice. We hereby reject this petition as under section 9(5)(2)(d).
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