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2021 (9) TMI 758 - NATIONAL COMPANY LAW TRIBUNAL , GUWAHATI BENCHMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute prior to the issue of Demand notice or not - HELD THAT:- There is an existence of dispute from 04.07.2017 i.e. well before the issuance of the demand notice by the OC on 17.05.2019. As per the provision of IBC 2016, an Application filed under Sec 9 0f IBC needs to be rejected if there is an existence of Disputes prior to the issue of Demand notice by the OC upon CD. This application filed under section 9 of the IBC, 2016 is hereby rejected - Application dismissed.
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