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2021 (12) TMI 44 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - service of demand notice - HELD THAT:- There is overwhelming material on record to come to the conclusion that there was dispute between the parties since prior to issuance of Demand Notice on 13.09.2017. The learned Counsel for the Appellant has placed much reliance on Certificate dated 16.04.2015 issued by Rajya Vidyut Utpadan Nigam Ltd. The certificate mentions that Appellant has carried out erection work conveying System vide supplementary work order through M/s Indure Pvt. Limited. The above Certificate cannot wipe out the inter-se dispute between the Corporate Debtor and the Appellant, who is sub-contractor of Corporate Debtor. On the strength of Certificate dated 16th April, 2015, the emails and letters, which were issued by the Respondent to the Appellant pointing out various deficiencies in service, cannot be overlooked and no conclusion can be arrived that there was no dispute between the Corporate Debtor and the Appellant. Whereas, to the contrary many disputes have been referred to in reply to the Demand Notice and in reply to Section 9 Application, which have been considered by the Adjudicating Authority. No error has been committed by the Adjudicating Authority in not entertaining the Application on the ground of pre-existing dispute. It is made clear that the rejection of Application under Section 9 of the IB Code shall not preclude the Appellant to raise his claim for payment of bills, if any, in accordance with terms and conditions of the work order. Appeal dismissed.
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