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NCLT Denies CIRP Application Due to Pre-Existing Dispute; Corporate Debtor's Quality Concerns Evidenced Before Section 8 Notice Issued.
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....Initiation of CIRP - existence of debt and dispute or not - NCLT rejected the application - the issues raised in these emails are not moonshine defense, the issues regarding quality of work were raised much prior to the issuance of Section 8 notice. - The Adjudicating Authority had to examine the defence of the Corporate Debtor to find out if there is pre-existing dispute. If the Adjudicating Authority is satisfied on those emails, it is not necessary to refer to explanations given by the Appellant. - AT....