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2020 (1) TMI 1276 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- The instant petition is filed with an intention to recover the advance amount without adverting total circustamances of the case by simply denying that the Respondent failed to perform the monetary terms of Contract/agreement in question. The Respondent has placed sufficient evidence in support of their case showing there is an existing dispute with regard to the claim, which cannot be thrown as mere untenable defence. It is settled position of law, the Adjudicating Authority, in summary proceedings initiated under code, cannot enter into roving enquiry with disputed questions of facts. The Respondent on the contrary claiming for an amount of ₹ 10 Lakhs. Thus, the Petitioner failed to make out any case to initiate CIRP against the Corporate Debtor and it filed with an intention to recover the alleged outstanding amount. It is settled position of law that the provisions of Code cannot be invoked for recovery of outstanding alleged amount. Application dismissed.
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