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    <title>2022 (9) TMI 169 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCH</title>
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    <description>A section 9 Insolvency and Bankruptcy Code application is not maintainable where, before the demand notice, there is a real and substantial pre-existing dispute supported by material showing the claim needs adjudication beyond summary insolvency jurisdiction. The Tribunal also noted that service of the demand notice at the corporate debtor&#039;s registered office was duly proved, limitation was not a bar on the sequence of prior proceedings and refiling, and the applicant was recognised as the operational creditor on the invoices. Despite those findings, the petition was rejected because the underlying debt was already genuinely disputed and the filing was treated as improper repeat litigation.</description>
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      <description>A section 9 Insolvency and Bankruptcy Code application is not maintainable where, before the demand notice, there is a real and substantial pre-existing dispute supported by material showing the claim needs adjudication beyond summary insolvency jurisdiction. The Tribunal also noted that service of the demand notice at the corporate debtor&#039;s registered office was duly proved, limitation was not a bar on the sequence of prior proceedings and refiling, and the applicant was recognised as the operational creditor on the invoices. Despite those findings, the petition was rejected because the underlying debt was already genuinely disputed and the filing was treated as improper repeat litigation.</description>
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