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2020 (6) TMI 280 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - pre-existing dispute or not - HELD THAT:- In the case on hand, the petition is filed in the name of M/s. Wind Water System, a proprietary concern as operational creditor, who is not a "person" for the purpose of filing the application u/s. 9 of the I & B Code. Hence, on this ground itself the application is not maintainable. It is also a matter of record that the respondent had made complaints with regard to the quality of the machinery supplied by the petitioner and the respondent has placed on record copy of the e-mails exchanged between the two parties clearly establishes that there is/was pre-existing dispute before issuance of the demand notice. Thus the application is also not maintainable on account of pre-existing dispute which was raised prior to the issuance of demand notice. Application is not maintainable and is dismissed.
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