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    <title>2018 (4) TMI 1440 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA</title>
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    <description>An operational creditor&#039;s section 9 insolvency application was found maintainable where the debt arose from services under a contract, was supported by an arbitral award that had survived section 34 challenge, and the debtor failed to pay or issue a notice of dispute after service of the section 8 demand notice. The record satisfied the procedural requirements for admission, including the bank certificate and affidavit showing non-payment and absence of dispute. Pendency of a section 37 appeal against the award, filed after the demand notice, did not negate operational debt or amount to a pre-existing dispute under the Code, and the application was admitted for commencement of CIRP.</description>
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      <description>An operational creditor&#039;s section 9 insolvency application was found maintainable where the debt arose from services under a contract, was supported by an arbitral award that had survived section 34 challenge, and the debtor failed to pay or issue a notice of dispute after service of the section 8 demand notice. The record satisfied the procedural requirements for admission, including the bank certificate and affidavit showing non-payment and absence of dispute. Pendency of a section 37 appeal against the award, filed after the demand notice, did not negate operational debt or amount to a pre-existing dispute under the Code, and the application was admitted for commencement of CIRP.</description>
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