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    <title>2018 (8) TMI 446 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI</title>
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    <description>A Section 9 Insolvency and Bankruptcy Code application was found untenable where e-mail correspondence, complaints, and debit notes showed that objections to defective and wrong supplies, non-compliance with purchase orders, and related loss claims had arisen before the demand notice. The Tribunal treated the dispute as real, not sham or illusory, and held that the transaction could not be examined in isolation. Limitation was discussed only incidentally, and the application was not rejected solely on that ground. The operative result was that a pre-existing dispute barred initiation of the corporate insolvency resolution process under Section 9.</description>
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      <description>A Section 9 Insolvency and Bankruptcy Code application was found untenable where e-mail correspondence, complaints, and debit notes showed that objections to defective and wrong supplies, non-compliance with purchase orders, and related loss claims had arisen before the demand notice. The Tribunal treated the dispute as real, not sham or illusory, and held that the transaction could not be examined in isolation. Limitation was discussed only incidentally, and the application was not rejected solely on that ground. The operative result was that a pre-existing dispute barred initiation of the corporate insolvency resolution process under Section 9.</description>
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