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Dispute raised before the NCLT & even before NCLAT at a belated stage cannot be termed as a pre-existing dispute- Rajeev K Aggarwal Vs. Panipat Texo Fabs Pvt. Ltd. & Ors- NCLAT

Raising of dispute in regard to quality of goods being inferior/substandard or defective for the first time in reply to demand notice or in response to notice served by the Adjudicating Authority would not constitute a prior and pre-existing dispute contemplated under law as a defence to the initiation of Corporate Insolvency Resolution Process, more so when the contemporary record in regard to transactions between the Corporate Debtor and the Operational Creditor at the time of delivery of goods or immediately thereafter does not demonstrate raising of any dispute with respect to quality of goods supplied by the Operational Creditor.

Dispute raised before the NCLT & even before NCLAT at a belated stage cannot be termed as a pre-existing dispute- Rajeev K Aggarwal Vs. Panipat Texo Fabs Pvt. Ltd. & Ors- NCLAT Read Post »

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