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2020 (12) TMI 369 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - alleged default on the part of the Corporate Debtor - Existence debt and dispute or not - HELD THAT:- A persual of the correspondence indicates that there are no documents on record to show the communication of dispute to the operational creditor about the quality of goods supplied. No complaint filed in respect of the same on record. Further the Corporate Debtor has not referred to any specific material nor any specific quality issue. There has been much cloud in the submission of the respondent. Further there is nothing on record indicating the communication of dispute to the operational creditor about the quality of goods supplied. Further no damage/counter claim has been lodged. When there is absolutely no document or particulars to support the claim of existence of dispute, the mere claim of dispute rose in the reply and in the pleadings in defence can be termed as vague and motivated to evade the liability. That the authenticity of facts can only be ascertained by supporting evidence and Mere submission would not be taken into consideration. The operational creditor has clearly established the existence of debt and default on the part of the corporate debtor - this Tribunal initiates CIRP on the corporate debtor with immediate effect. Application admitted - moratorium declared.
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