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NATIONAL COMPANY LAW TRIBUNAL
Labh Singh, Rekha K Shah, JJ
Khaitan Winding Wire Private Limited – Appellant
Versus
TruvoIt Engineering Co. Pvt. Ltd – Respondent
| Table of Content |
|---|
| 1. application for cirp initiation due to debt. (Para 1 , 2) |
| 2. corporate debtor's objections and claims. (Para 3) |
| 3. rejoinder to corporate debtor's objections. (Para 4) |
| 4. analysis of pre-existing dispute and demand notice. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 5. supreme court precedents on pre-existing disputes. (Para 16 , 17 , 18) |
| 6. petition dismissed due to pre-existing dispute. (Para 19) |
| 7. order does not affect other legal remedies. (Para 20) |
Labh Singh Member(Judicial)
2. The details of transactions leading to the filing of this petition as averred by the applicant are as follows:
2.2 The applicant had raised 55 invoices for such supply of goods on the corporate debtor detailed in column no. 7 of Part IV of the application. The goods supplied by the applicant, for which aforesaid invoices were raised, were unequivocally and unconditionally accepted by the Corporate Debtor without any demur which is evident from invoices accepted by the Corporate Debtor.
2.4 As per part-IV of the application, after adjustment of sum of Rs. 20,96,296.15/-, an amount of Rs. 10,04,49,727.48/- which includes principal debt of Rs. 5,79,59,841.35/-, toward supply of goods
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