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2017 (12) TMI 1810 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHIMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - Service of demand notice - HELD THAT:- When compromise was agreed to for a lesser amount (rupees fourteen lacs) and part payment thereof have already been made, it is not clear as to how the applicant can claim default of the entire original amount. The applicant has not come with clean hands and has not disclosed complete and correct facts of the case. The discloser in the requisite Form 5 is not full and true. Instead of claiming remaining unpaid settlement amount, if any, the applicant has claimed in Part-IV of Forrn-5 entire original due amount of ₹ 18,60,921, without mentioning the settlement and appropriation of payments already received The demand notice under Section 8 of the Code was issued in the present case on 14.10.2017. The Respondent, however, has enclosed four receipts stamped and signed by the applicant firm, dated 02.01.2017, 30.01.2017, 07.02.2017 and 07.03.2017 respectively which clearly shows that the settlement and payments mentioned therein were made much prior to the issuance of demand notice under Section 8 of the Code - there is force in the contention of the Respondent No. 1 that the amount claimed in the application is not free from clear dispute. When the claimed debt is not admitted by respondent the onus lies on the applicant to prove its claim. The applicant has not disputed the aforesaid receipts, relied upon by the respondent no. 1 company including the seal and signature of the applicant affixed therein - Admittedly there has been no admission of the claimed operational debt by the respondent. Confusion on the actual amount of default cannot be ruled out and there is clear dispute on the claimed amount of debt. Hence, the amount of claim raised by the applicant clearly falls within the ambit of disputed claim. Application dismissed.
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