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Tribunal affirmed the Adjudicating Authority's rejection of an insolvency petition on the ground that the Corporate Debtor had raised a bona fide pre-existing dispute prior to the demand notice. Applying the plausible contention test, the Tribunal held the debtor's pre-demand communication denying privity, seeking detailed transaction particulars, and the invoices' lack of corroborative customer/delivery data amounted to a dispute requiring further investigation and not a patently spurious defence; accordingly the petition was correctly dismissed as barred by the pre-existing dispute doctrine.
Tribunal affirmed the Adjudicating Authority's rejection of an insolvency petition on the ground that the Corporate Debtor had raised a bona fide pre-existing dispute prior to the demand notice. Applying the plausible contention test, the Tribunal held the debtor's pre-demand communication denying privity, seeking detailed transaction particulars, and the invoices' lack of corroborative customer/delivery data amounted to a dispute requiring further investigation and not a patently spurious defence; accordingly the petition was correctly dismissed as barred by the pre-existing dispute doctrine.
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