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2020 (1) TMI 1265 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - whether there is any dispute raised by the Corporate debtor or by and between the parties post execution of charter party Agreement and executions of addendum's between the parties which admittedly delayed the delivery of the vessel? - HELD THAT:- The vessel sailed to Iran on 30.05.2016 and the Petitioner claimed the invoices for the month of June and July. Due to non-payment of the invoices the crew salary could not be paid and the engine crew started quarreling with the chief engineer for the non-payment of salary. The Petitioner also informed the Corporate Debtor that if the payment is not made by 15.08.2016 then the crew will suspend the work. The Corporate Debtor vide email dated 11.08.2016 promised to clear the USD15000000 but however no monies have been paid, despite the several reminders. In the light the issues regarding clearing the dues a meeting dated 19.08.2016 was held between the Petitioner and the CD and their representative Mr. Parvinder Singh Chandu at Dubai. Further, the counsel for the Corporate Debtor claimed that the minutes of the meeting dated 19.08.2016, signed by the parties is a clear admission of the preexisting disputes between the parties, the minutes further recorded several issues relating to quantification of rates with reference to idle time/operational day rate, payments of monies to marine crew, cost of fuel, cost of repairing and commissioning and diving system which demonstrates a clear dispute between parties. It can be said that there is a pre-existing dispute pending between the parties - petition dismissed.
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