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2021 (8) TMI 207 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - pre-existing dispute between the parties or not - time barred claim or not - HELD THAT:- This Bench is of the opinion that the invoices for the month of Oct-Nov 2015 were outstanding and there were exchange of emails between he parties regarding the pending invoices, however, the Corporate Debtor in his reply have claimed that they have not been able to reconcile or open the logs sent by the Petitioner. There has been a dispute raised by the Corporate Debtor with reference to the SMS count as per the email dated 04.02.2016. Though there was no dispute regarding payment terms as raised by the Corporate Debtor but evidently there has been dispute with regard to the SMS count as claimed by the Petitioner in the said invoice and SMS count as recorded by the Corporate Debtor, this amounts to be a pre-existing dispute between the parties and in view of judgment of Mobilox Innovations Private Limited vs. Kirusa Software (P) Limited [2017 (9) TMI 1270 - SUPREME COURT], the contents of the email dated 04.02.2016 amounts to be plausible dispute between the parties. Time Limitation - HELD THAT:- The said claim is also time barred in view of the fact that the invoices pertaining to the year 2015-2016 and the petition was filed on 07.05.2019, the last payment made by the Corporate Debtor was on 01.12.2015. The email of the Corporate Debtor raising a dispute dated 04.02.2016 which may have extended the limitation also ends by February, 2019 and in view of the fact that the petition was filed on 07.02.2019, this Petition is barred by limitation. Petition dismissed.
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