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2020 (11) TMI 124 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - HELD THAT:- In view of the averment made at page 11 of Reply Affidavit of the Respondent, despite the Appellant acknowledged receipt of such notes through email and shows that the credit note issued by the Appellant has not booked in QEL ledger. Operational Creditor wanted to discuss why Credit Note was issued. Through email dated 28.11.2018 at page 301 of the Appeal Paper Book the Appellant resisted to accept Debit Note, agreed to send ledger statement for reconciliation. E-mail dated 28.11.2018 (Page 304) sent by Corporate Debtor to Operational Creditor on 28.11.2018 (i.e. before Notice under Section 8 of IBC dated 20.04.2019) clearly complained of deficiency in service by frequent trippings causing Corporate Debtor to consume power from E.B. at a higher cost. It shows that there was a pre-existing dispute between the parties - Ld. Adjudicating Authority has rightly relied on the judgment of Hon’ble Supreme Court in “Mobilox Innovations Private Ltd. Vs Kirusa Software Private Ltd.,[2017 (9) TMI 1270 - SUPREME COURT] have held that there was a pre-existing dispute between the parties and rightly dismissed the Application under Section 9 of the IBC. The Appellant has failed to demonstrate that the impugned order suffers from any legal infirmity - Appeal dismissed.
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