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2022 (8) TMI 647 - Tri - 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 - HELD THAT:- It is noted that there was a business relationship between the Operational Creditor and the Corporate Debtor, several work orders were issued by the Corporate Debtor and accepted by the Operational Creditor. As per the work orders, services are provided by the Operational Creditor against which 14 invoices were raised by the Operational Creditor from 21.04.2017 to 16.06.2017 amounting to Rs. 1,24,69,143/-. After that, the Operational Creditor requested the Corporate Debtor to pay the outstanding amount through a letter dated 19.03.2019, wherein the Corporate Debtor replied via letter dated 18.04.2019. and raised a dispute over the quality and standard of the services provided by the Operational Creditor. It is also noted that a Demand Notice under section 8 of the IBC, 2016 was issued on 17.05.2019 to the Corporate Debtor by the Operational Creditor demanding the outstanding dues of Rs. 1,79,47,390/-, the Corporate Debtor replied to the Demand Notice wherein it stated that there is a pre-existing dispute regarding the outstanding amount demanded by the Operational Creditor. It is clear that the Corporate Debtor has raised an issue with the services provided by the Operational Creditor prior to the issuance of the Demand Notice; and also, in the reply to the Demand Notice the Corporate Debtor informed the Operational Creditor about the pre-existing dispute. It can not be said that the dispute raised by the Corporate Debtor is afterthought and only in view of avoid its admission in CIRP - The disputes projected require thorough inquiry before proper forum. This Adjudicating Authority cannot undertake that exercise in its limited jurisdiction in hearing of application under section 9 IBC. Application dismissed.
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