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Pre-existing dispute regarding machine's performance and delayed delivery existed before demand notice. Respondent provided evidence of documented communication with Supplier about defects and delays, demonstrating genuine dispute predating demand notice. Significant weight given to pre-notice communications evidencing dispute over machine's functionality. Presence of pre-existing dispute upheld dismissal of application u/s 9 by Adjudicating Authority, rendering arguments on demand notice and arbitration clause immaterial. Appeal dismissed.
Pre-existing dispute regarding machine's performance and delayed delivery existed before demand notice. Respondent provided evidence of documented communication with Supplier about defects and delays, demonstrating genuine dispute predating demand notice. Significant weight given to pre-notice communications evidencing dispute over machine's functionality. Presence of pre-existing dispute upheld dismissal of application u/s 9 by Adjudicating Authority, rendering arguments on demand notice and arbitration clause immaterial. Appeal dismissed.
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