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2019 (5) TMI 1300 - Tri - Insolvency and BankruptcyRecovery of debt from Corporate Debtor - pre-existence of dispute or not - Change of address of registered office of Corporate Debtor from Mumbai to Gujarat - Jurisdictional change for chamge in registered office - HELD THAT:- Although the Registered Office of the Corporate Debtor allowed to be changed from Mumbai to Gujarat in Order dated 30.01.2017 of the Registrar of Companies, Mumbai, the Order specifically mentioned that, quote, “(b) Further as regards dispute between the Company and M/s. APDAX Constructions, there will be no jurisdictional change for initiating any legal action, even after change in registered office of the Company.” Accordingly, the impugned Petition deserves to be adjudicated in Mumbai. It is worth to mention that since this is a Petition under Section 9, therefore, the element of pre-existence of “Dispute” has to be examined before Admission of the Petition. It is an ascertainable position, as is emerging from the evidences on record, that all the six Invoices against which payments of ₹72,83,566/-(inclusive of Service Tax) are allegedly pending, were raised by the Operational Creditor on 06.12.2014 and followed up through various emails subsequently. It is clear that there is an existing of ‘dispute’ (default) in this case prior to the date of raising of Invoices by the Operational Creditor. The impugned Invoices are dated 06.12.2014 whereas the communication of ‘defects’ from the Respondent was in October, 2014. Therefore, it is an undisputed fact that there is an ‘existing dispute’ in this matter. The petition does not deserve admission and is dismissed.
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