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A pre-existing dispute under the Insolvency and Bankruptcy Code was not established because the alleged quality objections arose only after service of the demand notice. The laboratory reports did not match the invoice particulars, and no contemporaneous written material showed earlier rejection of liability or complaints about defective consignments. The operational creditor's invoices, ledger and computation sheet established outstanding operational debt, while part-payments after notice and later stock-damage claims were treated as inconsistent with a genuine earlier dispute. Admission of the Section 9 application was therefore upheld.
A pre-existing dispute under the Insolvency and Bankruptcy Code was not established because the alleged quality objections arose only after service of the demand notice. The laboratory reports did not match the invoice particulars, and no contemporaneous written material showed earlier rejection of liability or complaints about defective consignments. The operational creditor's invoices, ledger and computation sheet established outstanding operational debt, while part-payments after notice and later stock-damage claims were treated as inconsistent with a genuine earlier dispute. Admission of the Section 9 application was therefore upheld.
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