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2018 (5) TMI 642 - Tri - Insolvency and BankruptcyCorporate insolvency process - Whether the respondent succeeded in proving existence of a genuine dispute as alleged in the reply and whether there is existence of a dispute between the parties? - Held that:- The e-mail admittedly received by the applicant does not prove raising of any dispute regarding the quality of the goods received and accepted by the corporate debtor, but it indicates an apprehension of the debtor in regards rejection of the goods in turn supplied to RIL. There is no supporting proof to prove that RIL has rejected the alleged goods supplied to it. It is in the reply notice the corporate debtor raised objections regarding its liability. No pre-existing dispute established in this case on the side of the corporate debtor. The Corporate Debtor is therefore, found does not qualify within the meaning of the word ‘dispute’ and the objection is mere objection raising a dispute for the sake of dispute and /or unrelated to clause (a) or (b) or (c) of sub-section 6 of section 5 of the ‘I & B Code’. It is observed that the claim of the dispute was vague and motivated to evade the liability. The objections to the claim put forward by the corporate debtor being not sustainable and since the ingredients as provided under section 9(5) (a to e) are satisfied by the applicant for admission of this petition under section 9 of I&B Code it deserves to be admitted. Accordingly, the application is hereby admitted for initiating the Corporate Resolution Process and declare a moratorium and public announcement as stated in Sec.13 of the IBC, 2016
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