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    <title>2026 (4) TMI 802 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>An operational creditor&#039;s Section 9 insolvency application is not maintainable where the corporate debtor&#039;s reply and supporting material disclose a real, pre-existing and plausible dispute arising before the demand notice. Detailed correspondence, alleged settlement, credit notes, reconciliation issues, and a pending arbitration reference showed that the claim was contractually disputed, so insolvency proceedings could not be used to resolve that controversy. The challenge based on natural justice also failed because the maintainability note was confined to the Section 9 objection, no undisclosed merits determination was made, and no prejudice was shown. The appeal therefore failed on both the existence of a genuine dispute and the absence of procedural unfairness.</description>
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      <link>https://www.taxtmi.com/caselaws?id=789733</link>
      <description>An operational creditor&#039;s Section 9 insolvency application is not maintainable where the corporate debtor&#039;s reply and supporting material disclose a real, pre-existing and plausible dispute arising before the demand notice. Detailed correspondence, alleged settlement, credit notes, reconciliation issues, and a pending arbitration reference showed that the claim was contractually disputed, so insolvency proceedings could not be used to resolve that controversy. The challenge based on natural justice also failed because the maintainability note was confined to the Section 9 objection, no undisclosed merits determination was made, and no prejudice was shown. The appeal therefore failed on both the existence of a genuine dispute and the absence of procedural unfairness.</description>
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