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    <title>2021 (6) TMI 626 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI</title>
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    <description>The dissenting view held that a real pre-existing dispute, reflected in prior correspondence over work completion, withheld amounts and alleged defects, barred invocation of summary insolvency relief. It further found that the settlement arrangement had discharged the corporate debtor on payment of the agreed sum, while any later claims were directed to another entity. On that construction, the alleged assignment or transfer of dues and the later memorandum of understanding raised contested contractual questions unsuitable for determination in a section 9 proceeding, so the petition was not maintainable and admission would have been set aside.</description>
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      <description>The dissenting view held that a real pre-existing dispute, reflected in prior correspondence over work completion, withheld amounts and alleged defects, barred invocation of summary insolvency relief. It further found that the settlement arrangement had discharged the corporate debtor on payment of the agreed sum, while any later claims were directed to another entity. On that construction, the alleged assignment or transfer of dues and the later memorandum of understanding raised contested contractual questions unsuitable for determination in a section 9 proceeding, so the petition was not maintainable and admission would have been set aside.</description>
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