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2022 (7) TMI 769 - NATIONAL COMPANY LAW TRIBUNAL , AHMEDABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- There is ample evidence on record to show that prior to the demand notice under Section 8 of the IBC, 2016, both parties have made correspondence putting forth their perspective about the hire charges, mobilization charges and demobilization charges of the Rig. Perusal of those correspondences show that there is a serious dispute already pending in between them about the hire charges and other charges of the Rig - the dispute had cropped up in between the parties prior to demand notice under Section 8 of the IBC, 2016 about the amount claimed in this application. This dispute cannot be decided and resolved by this Adjudicating Authority within its limited jurisdiction. The parties are free to approach the appropriate forum for the same. Thus, there is a pre-existing dispute pending in between the Operational Creditor and the Corporate Debtor relating to the claim of Operational Debt herein. Whether the Operational Creditor tried to initiate the CIRP of the Corporate Debtor fraudulently? - HELD THAT:- The documents on which Corporate Debtor relying on may be relevant to establish its defence of a pre-existing dispute but only because Operational Creditor did not produce that letter is not a sufficient ground to hold that the Operational Creditor initiated CIRP fraudulently. In order to hold that the CIRP is fraudulently initiated there requires substantial evidence to establish that the Operational Creditor had filed out and out false claim against the Corporate Debtor. Such facts are not available on record in this case. Hence, it is held that it was not fraudulently initiation of CIRP by the Operational Creditor - the application filed by the Corporate Debtor is rejected. Application dismissed.
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