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    <title>2021 (5) TMI 577 - NATIONAL COMPANY LAW TRIBUNAL , BENGALURU BENCH</title>
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    <description>A section 9 Insolvency and Bankruptcy Code petition could not be admitted because the claimed operational debt was not undisputed. Contemporaneous objections on the quality and performance of the supplied goods, supported by email correspondence, showed a bona fide pre-existing dispute, and substantial part-payments further indicated that the claim was contested. The tribunal also noted that the respondent was financially viable, reinforcing that the proceeding was being used as a debt recovery mechanism rather than for insolvency resolution. As the requirement of an undisputed default was not met, the petition was held not maintainable and dismissed.</description>
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      <description>A section 9 Insolvency and Bankruptcy Code petition could not be admitted because the claimed operational debt was not undisputed. Contemporaneous objections on the quality and performance of the supplied goods, supported by email correspondence, showed a bona fide pre-existing dispute, and substantial part-payments further indicated that the claim was contested. The tribunal also noted that the respondent was financially viable, reinforcing that the proceeding was being used as a debt recovery mechanism rather than for insolvency resolution. As the requirement of an undisputed default was not met, the petition was held not maintainable and dismissed.</description>
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