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2022 (7) TMI 577 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - unregistered partnership firm can file for CIRP against a Corporate Debtor or not? - existence of debt and dispute or not. Whether an application filed by an unregistered partnership firm is maintainable or not? - Section 69 of the Partnership Act,1932 - HELD THAT:- The ban on unregistered partnership firm in filing “other proceeding” is only when the suit in relation to such proceeding is pending before any Court. It seems that there is no pending suit before any court of law relating to the debt. Therefore, in the absence of any pending suit before any Court of law, Section 69(3) of the Partnership Act, 1932 will not come to the aid of the Corporate Debtor in the present case. Pre-existing dispute - HELD THAT:- The Corporate debtor has already raised the dispute in a meeting held on 11.11.2017 and the Operational Creditor has sent the demand notice on 14.11.2017. Therefore, the dispute was raised prior to the issuance of Demand Notice and the nature of dispute raised by the Corporate Debtor seems to be genuine. This Bench hereby holds that dispute is in existence between them as on the date of receipt of Section 8 notice by the Corporate Debtor. Petition dismissed.
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