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2021 (11) TMI 476 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIDemand of additional debt - quantum and the rate of the additional work was not agreed upon prior to the issue of the Invoice - Operational Debt - pre-existing dispute or not - HELD THAT:- The Ld. Adjudicating Authority have rightly taken note of the facts and also taken note of given finding that there is a pre-existing dispute between the parties. So, based on judgment passed by Hon’ble Supreme Court in MOBILOX INNOVATIONS PRIVATE LIMITED VERSUS KIRUSA SOFTWARE PRIVATE LIMITED [2017 (9) TMI 1270 - SUPREME COURT] the Ld. Adjudicating Authority has rightly rejected the Application filed by the Appellant under Section 9 of the IBC. There is no illegality committed by the Ld. Adjudicating Authority while passing the impugned order - Appeal dismissed.
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