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CIRP not maintainable as operational creditor failed to supply coal as per contract entered into prior to dispute

May 15, 2019[2019] 107 40 (NCLT - Ahd.)

IBC: Where operational creditor failed to supply coal and as per contract corporate debtor purchased same from third party and issued a debit note for non-supply, plea of pre-existing dispute regarding supply/payment was fortified and, hence, CIRP was not maintainable

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