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2018 (6) TMI 1382 - AT - Insolvency and BankruptcyCorporate insolvency process - application rejected on the ground of ‘existence of dispute’ - Held that:- If the dispute is frivolous unsupported by any evidence, the spurious defence is to be rejected. However, on the basis of records and evidence if there appears to be an ‘existence of dispute’, such case is to be rejected. In the present case, it is not disputed that the Respondent had issued Lawyer’s notice dated 12th December, 2015 and disputed the claim on the ground of overcharging. The ‘Operational Creditor’, was also informed that the ‘Corporate Debtor’ incurred huge loss due to overcharging. Counter claim was also made by Respondent. Such dispute having raised by Respondent in December, 2015, we are not inclined to accept the plea taken by the Appellant. We find no merit in this appeal. It is accordingly dismissed.
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