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2020 (10) TMI 442 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- The Corporate Debtor vide notice dated 05.05.2018, in reply to the Legal Notice issued by the Operational Creditor, has categorically stated that the Operational Creditor has not completed the implementation of the software as required by the Corporate Debtor at the time of placing the work order and also point out certain lapses which are attributable on the part of the Operational Creditor in completion of the installation of the "DOCC 99" Software and the same was not done to the satisfaction of the Corporate Debtor. There exists a 'dispute' between the parties before the issuance of the Demand Notice itself and the defence raised by the Corporate Debtor on the grounds of existence of a dispute cannot be considered as spurious, hypothetical, illusory or misconceived. Further, the filing of C.S. No. 563 of 2018 which came to be transferred to Additional City Civil Court and renumbered as O.S. No. 2545 of 2019, which is pending before the appropriate Civil Court demonstrates that the Operational Creditor is also not remediless and the pending proceedings itself shows that there is a pre - existing dispute between the parties. This Tribunal in exercise of summary jurisdiction cannot also venture as to whether installation of the concerned software was done properly and whether it is working, all of which the Civil Court will be in a position to ascertain based on oral evidence, if found necessary. Application dismissed.
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