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2019 (3) TMI 878 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - petition has been filed in the required format and duly complies with the requirements of Section 9(3)(b) and 9(3)(c) of the Code - Corporate Debtor did not respond to the demand notice issued under Section 8 of the Code - Corporate Debtor submits that the goods having booked by the Operational Creditor with the concerned transporter, they were responsible for the shortfall - HELD THAT:- Till the filing of the present petition, no dispute has been raised directly with the Operational Creditor. There is nothing on record to accuse the Operational Creditor of the shortfall in the quantity received. At this stage, raising such a dispute as a defence to ward off the resolution process is unsustainable. There is nothing on record to directly indict the Operational Creditor of being accused or being held guilty for the short supplies. Even otherwise, in the event of short supplies under the 3 invoices, the liability would be far in access of the threshold required for initiating the CIR process against the Corporate Debtor for non-payment of the dues. The claim that recoveries on the alleged ground of shortfall in supplies is vague and unenforceable. The dispute sought to be raised does not justify rejection of the petition. In view of the same, this petition merits consideration and is Admitted.
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