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2018 (6) TMI 1610 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAIMaintainability of petition - admission of petition under Section 9 of the IBC 2016 - debit notes pertain to the High Sea Sale Agreement entered into between the Operational Creditor and the Corporate Debtor - HELD THAT:- It's the responsibility of the Corporate Debtor to pay the customs duty, clearing charges etc. and the Operational Creditor is not liable to pay them and hence the debit notes cannot be taken into account for the purpose of IBC, 2016. In case there is a dispute regarding the supplies, the relevant court of jurisdiction is the Court of Indore only. These issues were agitated before this Tribunal at the time of admitting the petition under Section 9 of the IBC 2016. The orders of the Tribunal were also upheld by Hon'ble NCLAT and the appeal against the order of Hon'ble NCLAT was also dismissed by the Hon'ble Supreme Court. In view of this, the Tribunal reiterates the earlier order. Application disposed off.
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