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    <title>2025 (12) TMI 119 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH: NEW DELHI</title>
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    <description>NCLAT upheld the NCLT&#039;s dismissal of the appellant-operational creditor&#039;s Section 9 IBC application on the ground of pre-existing dispute and failure to meet the statutory threshold. The tribunal found that the respondent-corporate debtor had raised genuine and plausible disputes regarding product quality prior to issuance of the demand notice, supported by customer complaints, product malfunctions, litigation, and acknowledgments by the manufacturer of necessary upgrades. The defense was held not to be a moonshine or afterthought. Further, invoices falling within the Section 10A bar period were excluded, and the remaining disputed amount was insufficient to satisfy the minimum default requirement. The appeal was dismissed, leaving the appellant to pursue alternate remedies.</description>
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    <pubDate>Fri, 28 Nov 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=782579</link>
      <description>NCLAT upheld the NCLT&#039;s dismissal of the appellant-operational creditor&#039;s Section 9 IBC application on the ground of pre-existing dispute and failure to meet the statutory threshold. The tribunal found that the respondent-corporate debtor had raised genuine and plausible disputes regarding product quality prior to issuance of the demand notice, supported by customer complaints, product malfunctions, litigation, and acknowledgments by the manufacturer of necessary upgrades. The defense was held not to be a moonshine or afterthought. Further, invoices falling within the Section 10A bar period were excluded, and the remaining disputed amount was insufficient to satisfy the minimum default requirement. The appeal was dismissed, leaving the appellant to pursue alternate remedies.</description>
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      <pubDate>Fri, 28 Nov 2025 00:00:00 +0530</pubDate>
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