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2020 (1) TMI 1260 - NATIONAL COMPANY LAW TRIBUNAL , KOLKATA BENCHMaintainability of application - initiation of CIRP - Corporate Debtor has committed default in payment of outstanding debt - Existence of debt and dispute or not - HELD THAT:- It is not in dispute that supplies have been made before 2010. As per the purchase order, both supplies and erection are included in the scope of work. It is also not in dispute that more than 90% payment of the invoices raised by the Operational Creditor has been made by the Corporate Debtor. From all the correspondences which we have carefully perused, it is apparent that there exists a claim of Corporate Debtor as regards non-performance / timely / satisfactory performance by the Operational Creditor which has caused substantial loss to the Corporate Debtor. It is also noted that the assertion made by the Corporate Debtor as regards it's admission of debt to the tune of 10% of the outstanding amount has to be seen in the facts and circumstances of the case as a whole wherein a stale claim has been sought to be revived and where the performance of the Operational Creditor itself is not found to be completed which in itself raises a question mark whether any debt is in fact due and payable. The Corporate Debtor has taken a plea that notice was not served on the registered office but on the corporate office, hence, it could not be considered a proper service. However, the fact remains that the plea was not taken during the course of hearing at the first instance; even otherwise notice has been served on the corporate office of the Corporate Debtor which is an admitted fact and also Rule provides for service of notice through e-mail as well, hence, we do not find any merit in this technical objection taken - the Corporate Debtor has also relied on certain judicial decisions which were not cited during the course of hearing, hence, we did not take cognizance of the matter as the other party has not been given an opportunity to counter the same. Petition dismissed.
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