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    <title>2025 (3) TMI 1629 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>A Section 9 Insolvency and Bankruptcy Code application is not maintainable where a genuine pre-existing dispute exists before the demand notice or insolvency filing. The commentary notes that a dispute letter dated 21.04.2021 raised objections over excess charges and non-issuance of credit notes, and the operational creditor did not specifically deny receipt of that letter in its pleadings. That omission was treated as an admission, and the record showed a real, not illusory or spurious, dispute. The section 9 admission was therefore unsustainable and the application ought to have been rejected on the ground of pre-existing dispute.</description>
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    <pubDate>Wed, 26 Mar 2025 00:00:00 +0530</pubDate>
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      <title>2025 (3) TMI 1629 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=467431</link>
      <description>A Section 9 Insolvency and Bankruptcy Code application is not maintainable where a genuine pre-existing dispute exists before the demand notice or insolvency filing. The commentary notes that a dispute letter dated 21.04.2021 raised objections over excess charges and non-issuance of credit notes, and the operational creditor did not specifically deny receipt of that letter in its pleadings. That omission was treated as an admission, and the record showed a real, not illusory or spurious, dispute. The section 9 admission was therefore unsustainable and the application ought to have been rejected on the ground of pre-existing dispute.</description>
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      <pubDate>Wed, 26 Mar 2025 00:00:00 +0530</pubDate>
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