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2020 (10) TMI 822 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - pre-existing dispute or not - time limitation - HELD THAT:- The time begins to run in this case for filing this application was on 21st July, 2009 and nothing in this case to hold that the period of 3 years starting from the said date can be extended to 29.06.2018 as attempted to establish on the side of the Operational Creditor - thus, the application filed on 29.06.2018 is hopelessly barred by limitation. Pre-existing dispute or not - HELD THAT:- The Corporate Debtor has raised dispute regarding the non compliance of terms in the work orders and the Ld. Additional District Judge had been given the liberty to the Corporate Debtor to raise the dispute again if the Operational Creditor preferred a fresh claim before the Micro, Small & Medium Enterprise Facilitation Council. The dismissal of the award of Facilitation Council was mainly for the reason of non consideration of dispute raised by the CD before the Facilitation Council. So the said order evidenced that the preexisting dispute between the OC and the CD is still pending. That being so the CD has successfully established existence of dispute before the date of issuance of demand notice. Accordingly it can be rightly concluded that the Operational Creditor has failed in establishing that the debt as claimed by the Operational Creditor is due and payable under any law and that the claim preferred by the Operational Creditor was within the period of limitation. Moreover, the Corporate Debtor here in the instant case established existence of disputes. Accordingly, this application is liable to be dismissed. Application dismissed.
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