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2020 (2) TMI 915 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate debtor failed to make repayment of debt - pre-existing debt and dispute or not - HELD THAT:- The reliefs sought by the Corporate Debtor before the learned Civil Court included the reliefs pertaining to the restoration of possession of rented premises forcefully taken back by the Operational Creditor as well as seeking to ensure the supply of aggregates to the Corporate Debtor of the same quality and at fixed prices as agreed under the MoU, dated 08.05.2017. There is evidence on record to show that there is an existence of genuine dispute between the parties prior to the issue of the demand notice served under section 8 of the IB Code by the Operational Creditor on the Corporate Debtor. This Adjudicating Authority is not inclined to admit the instant application filed by the Operational Creditor under section 9 of IB Code, 2016 - petition rejected.
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