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2017 (10) TMI 1589 - NATIONAL COMPANY LAW TRIBUNAL CHANDIGARHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - whether the respondent has raised a ‘dispute’ or paid the money after service of the Demand Notice? - HELD THAT:- Clause (b) of sub-section (3) of Section 9 of the Code says that the operational creditor shall along with the application furnish an affidavit to the effect that there is no notice given by the corporate-debtor relating to a dispute of unpaid operational debt. It is stated in the affidavit dated 21.08.2017 of Pravin Gupta at page 257 of the Paper Book that the respondent has given reply to the notice which is attached with the petition but it is contended that the contents of the reply do not show the existence of a dispute but only illusory defence. The primary document to support this contention of the petitioner is the issuance of Form C dated 20.06.2017 by the respondent-corporate debtor in respect of all the seven invoices. The transaction between the parties having taken place, the respondent was bound to issue Form C and in any case this by itself cannot be said to be a settlement of dispute between the parties for enabling the petitioner to trigger the insolvency resolution process - the present case cannot be said to be a matter where there is no dispute raised by the Corporate Debtor enabling the petitioner to an order of admission. Rather all this correspondence which the petitioner has attached with the present case, emanated before the issuance of demand notice dated 25.07.2017. In response to the demand notice, the respondent has taken the stand relating to the quality of the goods. There being existence of a dispute relating to the quality of the goods, the instant petition is rejected.
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