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2019 (10) TMI 1287 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - HELD THAT:- The corporate debtor had placed reliance on the letter dated January 21, 2018 written by them to hold that there is an existence of dispute. However, on perusal of the e-mail communication, we found that the corporate debtor is merely asking for further information on the services rendered by the operational creditor for each of the invoices raised. Can this be considered as a pre-existing dispute is the moot question. On perusal of records, it is clear that the respondent-corporate debtor has not raised any dispute relating to debt nor raised any dispute relating to quality of service of goods. They merely sought information regarding the services provided, which cannot be termed as a pre-existing dispute or plausible dispute. Further, the cheque bounce case of Telsa Marketing P. Ltd. is not between the "operational creditor" and the "corporate debtor" but between some other parties which cannot be taken into consideration in the instant case. The present application is complete in all respects and the applicant is entitled to claim its dues. The applicant succeeded in establishing the default in payment of the operational debt beyond doubt - petition admitted - moratorium declared.
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