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2022 (2) TMI 963 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - pre-existing dispute between the parties or not - HELD THAT:- It is seen that Operational Creditor has issued notice under section 8 of the Code on 6.5.2019 and the said notice has been duly replied by Corporate Debtor on 15.5.2019, and the present Application has been filed on 18.10.2019. While replying to the said notice, Corporate Debtor has referred to its earlier mail dated 22.2.2019 wherein certain quality issues/deficiencies on part of the Operational Creditor have been highlighted. Relying upon the said e-mail dated 22.2.2019, the Corporate Debtor has denied its liability towards Operational Creditor. The Corporate Debtor has further stated that it has duly paid an amount of ₹ 46,05,375/- (being Base Value including Tax (GST) subject to TDS) and settled various invoices raised by the Operational Creditor - from the analysis it is convincing that Corporate Debtor has been able to establish existence of preexisting dispute between it and the Operational Creditor. The present Application filed under section 9 of the Code by Operational Creditor seeking initiation of Corporate Insolvency Resolution Proceedings against the Corporate Debtor is hereby dismissed.
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