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2020 (12) TMI 367 - Tri - Insolvency and BankruptcyMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- On failure to pay the outstanding dues by the Respondent, the applicant sent a demand notice dated 25.09.2018, under Section 8 of the Insolvency and Bankruptcy Code, 2016 to the respondent, asking them to make the entire payment of ₹ 1,72,982/-, together with interest within 10 days from receipt of the notice, failing which the applicant shall initiate the Corporate Insolvency Resolution process against the Respondent. The demand notice in the present case was issued under Section 8(1) of the Code on 25.09.2018, Respondents have placed their earlier correspondences dated 06.06.2017 and beyond, raising issues with respect to the quality of goods supplied by the Operational Creditor. It is thus seen that the dispute was brought to the notice of the applicant prior to the issuance of the demand notice dated 25.09.2018 issued under Section 8(1) of the Code. This application fails and the same is hereby rejected and dismissed.
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