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2019 (11) TMI 1527 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Corporate Debtor committed default in making payment of dues - existence of debt and dispute or not - HELD THAT:- The Claim made by the Petitioner in the present application is not a 'Claim' under the Code since there is no right to payment in respect of the amount which is the MDR deducted by the Corporate Debtor in the present case. Therefore, such claim is not debt in terms of the Code since there is no liability or obligation on part of the Corporate Debtor to pay such amount to the Petitioner. Since, there is no debt due towards the Petitioner by the Corporate Debtor, there is no question of default on the part of the Corporate Debtor. In view of the pre-existing dispute raised by the Corporate Debtor by an email dated 08.10.2018 claimed that the Corporate Debtor rightly withheld that the Amount of ₹ 22,21,197/- and also demanded further amount of ₹ 8,25,112/- and ₹ 10,53,917/- from the Petitioner and this is much prior to the demand notice dated 19.12.2019 issued by the Petitioner herein. Therefore, this bench is of the view that there is a plausible dispute raised by the Corporate Debtor and the petition is liable to be dismissed. The Petition is dismissed with liberty to the Petitioner to proceed accordance with law.
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