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2019 (8) TMI 1034 - AT - Insolvency and BankruptcyMaintainability of application - Initiation of Corporate Insolvency Resolution Process - pre-existing dispute or not - Corporate Debtor - HELD THAT:- There is no dispute about deficiency of service rendered by the Respondents. Clearance of Bank Guarantee for the purpose of EPCG Scheme is concerned, there is nothing on the record to suggest that such job was entrusted to the Respondents and they failed to do so. In absence of any such agreement placed on record, it cannot be held that apart from the services rendered, this is also the job to be performed by the ‘Operational Creditor’ to get the money cleared from the ‘Corporate Debtor’. In the absence of any pre-existing dispute, the Adjudicating Authority has rightly admitted the application under Section 9 and for that no interference is called for - appeal dismissed.
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