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2019 (9) TMI 226 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAI BENCHInitiation of Corporate Insolvency Resolution Process - Corporate Debtor defaulted in repayment of Earnest Money Deposit and Security Deposit - existence of dispute or not - HELD THAT:- It is evident on record that the correspondence between the Operational Creditor and the Corporate Debtor reveals that there has been dispute between the parties with regard to supply of clinker by invoices dated 20.02.2016 and 17.03.2016, out of these two invoices, the invoice dated 17.03.2016 for an amount of USD 1,33,782.40 is being included in the claim amount by giving Section 8 notice on 13.11.2017 i.e. subsequent to the Corporate Debtor raising dispute in respect to the invoices 20.02.2016 and 17.03.2016, the dispute is in existence between the parties in respect to the quality of clinker supplied through invoice dated 17.03.2016 which is part of the claim amount. Since this Bench cannot segregate the claim as to how much amount is disputed and as to how much amount not disputed. It is the look out of the Operational Creditor to make a claim to the extent that has not been disputed by the Corporate Debtor. If at all payment of undisputed claim is dependent upon dispute in respect to the material supplied, then also it is a point to be looked into whether dispute is in existence or not. However, in the present case, the Operational Creditor having included the disputed claim as claim in the Petition filed under Section 9, we are of the considered view that it is hit by dispute as contemplated under Section 8 of the code. Once it is proved that dispute is in existence, it does not matter if part payments are made in respect to the claim not disputed. Petition dismissed.
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