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2020 (9) TMI 53 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of dispute or not - Adjudicating Authority has rejected the Application on the ground that the Corporate Debtor has raised a dispute regarding demurrage payment, much before the issuance of demand notice - HELD THAT:- It is clear that the dispute was raised by email dated 09th March 2018 regarding the alleged claim of demurrage and detention charges. The demand notice regarding the alleged claim has been issued on 05th September, 2018. The issue regarding payment against the detention charges requires extensive evidence because the parties are at variance interalia in respect of the period for which such charges are to be levied. The alleged claim is not crystallised and the Adjudicating Authority while exercising summary power cannot investigate into the matter regarding the liabilities of the Corporate Debtor to pay the demurrage and detention charges. The dispute raised by the Corporate Debtor cannot be said to be spurious, hypothetical or illusory. The Adjudicating Authority has rightly rejected the Application filed under Section 9 of the Code based on the ground of the pre-existing dispute - Appeal dismissed.
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