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2018 (8) TMI 1863 - Tri - Insolvency and BankruptcyMaintainability of application - Initiation of Corporate Insolvency Resolution Process - existence of dispute between the Operational Creditor and the Debtor - HELD THAT:- After careful perusal of the submissions made by the Learned Advocate for the Debtor in my opinion the Dispute raised by him is not a hypothetical or illusory; but it is a pre-existed real dispute between the Operational Creditor and the Debtor. It is worth to place on record that the Operational Creditor had knowledge of this Dispute. Hence, my conscientious view is that this Petition/Application is not fit for commencement of CIRP. If the remedy in any other law is available to the Operational Creditor the same can be availed, however, as far as the Insolvency Code is concerned the scope of 'admission' of a claim is limited one. Any observation, legal or factual, shall not prejudiced the rights of the Operational Creditor, if to be exercised under any other Law. Application dismissed.
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