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2019 (3) TMI 251 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - corporate debtor committed default in paying the debt - HELD THAT:- One of the employees of the operational creditor sent e-mail to the corporate debtor reiterating the above point in dispute. That e-mail was replied by the corporate debtor objecting the contentions raised by the operational creditor. As informed to the operational creditor mentioning that those are the issues outside terms of the contract. Such correspondences raising points against each other were going on for long 2-3 years prior to the demand notice. Lastly, the operational creditor sent demand notice dated 18.01.2018 under section 8 of I&B Code. It was replied by the corporate debtor. It is not in dispute that ultimately, the operational creditor did not complete the work of erection of firefighting system. Corporate Debtor assigned that work to other contractor and that got it done. The germane issue arises out of the controversy is that, “as to who committed the breach of the terms of the contract”. This dispute cannot be said to be spurious one or being raised as an afterthought by the corporate debtor. The dispute about the breach of terms of contract is going on since 2014-2015 onwards. In view of the rulings of Apex Court in the case of Mobilox Innovations Private Ltd.[2017 (9) TMI 1270 - SUPREME COURT OF INDIA] this authority is not expected to examine the matter of dispute in detail but only has to see whether the dispute is genuine or not. So long dispute exists, the authority has to reject the application. As found that dispute as raised by the corporate debtor about the operational debt as claimed against them by the operational creditor cannot be said to be imaginary one. It requires detailed enquiry into the matter. Hence, not inclined to admit the Corporate Debtor in Corporate Insolvency Resolution Process as there exists the dispute about the amount claimed.
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