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    <title>2020 (5) TMI 426 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
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    <description>An application under section 9 of the Insolvency and Bankruptcy Code was found not maintainable because contemporaneous e-mails and communications showed a pre-existing dispute over deficient services, machine breakdown, loss of work, and disputed invoices. The record indicated that these complaints were raised before the demand notice and before filing of the section 9 application, satisfying the requirement that the dispute must exist prior to the notice. Applying the settled principles for operational creditor claims, admission cannot be ordered where a prior dispute is evidenced on record, and the admission order was stated to be liable to be set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=395393</link>
      <description>An application under section 9 of the Insolvency and Bankruptcy Code was found not maintainable because contemporaneous e-mails and communications showed a pre-existing dispute over deficient services, machine breakdown, loss of work, and disputed invoices. The record indicated that these complaints were raised before the demand notice and before filing of the section 9 application, satisfying the requirement that the dispute must exist prior to the notice. Applying the settled principles for operational creditor claims, admission cannot be ordered where a prior dispute is evidenced on record, and the admission order was stated to be liable to be set aside.</description>
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