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2020 (8) TMI 31 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- Annexure - 2 at Page no. 107 of the Appeal Paper Book statement does not show dues payment of ₹ 25,00,000/- by the Appellant (Operational Creditor) - Further, Annexure R-1 of the Written Submissions filed by the Respondent (Corporate Debtor) which is the e-mail ledger account of the Appellant (Operational Creditor) relevant at page no. 164 of the Appeal Paper Book dated 02-09-2016 shows receipt of ₹ 25,00,000/- first time during the course of argument before this Appellate Tribunal. This document has been marked as ‘X’. As letter sent by the Respondent (Corporate Debtor) to the Appellant (Operational Creditor), this document ‘X’ was not placed before the Adjudicating Authority. So Ld. Adjudicating Authority rightly came to the conclusion that prior to filing of the application on 14th November, 2018, there is/are pre-existing dispute raised by the Respondent in respect of container detention charges - also, there was a pre-existing dispute and the Ld. Adjudicating Authority rightly dismissed the application filed under Section 9 of IBC. Appeal dismissed.
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