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2021 (5) TMI 855 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- Reliance can be placed in the case of Mobilox Innovations Private Limited vs. Kirusa Software Pvt. Ltd. [2017 (9) TMI 1270 - SUPREME COURT] where it was held that There is a pre-existing dispute between the parties which is evident from the email correspondence between the parties which was produced before this Adjudicating Authority by the Corporate Debtor along with its Counter. The Corporate Debtor had duly replied to the demand notice of the Operational Creditor and the disputes between them are pointed out in its reply. In view of the Apex Court's observation and the existence of dispute between the parties, this Adjudicating Authority has to reject the application - application dismissed.
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