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2022 (5) TMI 755 - NATIONAL COMPANY LAW TRIBUNAL , AHMEDABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt of dispute or not - HELD THAT:- Prima facie it appears that the claim raised by the applicant is towards the detention and demurrage charges incurred by the applicant for delay and failure to clear the cargo from the CFS at Mundra and Nhava Sheva ports. On perusal of the records it is found that on 08.09.2020 the applicant had issued legal notice to the corporate debtor demanding a sum of Rs. 3,16,46,277.29 towards detention and demurrage charges comprising Rs. 35,00,000/- on account of the estimated demurrage/detention charges, Rs. 12,73,961/- towards additional cost paid for clearance of 14 shipments by Hero MPPL, a sum of Rs. 9,23,257/- towards interest on account of the corporate debtor's failure to pay the invoices and Rs. 1,20,00,000/- towards the estimated detention and demurrage charges for the non-clearance of one shipment of three containers. The said legal notice was replied by the corporate debtor by email dated 08.09.2020 raising a dispute with regard to liability of the corporate debtor on the amount of clearance charges paid by the third party buyer. There is no claim regarding the principal amount and the issue of contention is demurrage and detention charges. The corporate debtor has averred that detention and demurrage charges does not fall under the definition of operational debt under Section 5(21) of the Code. It clearly reflects that a dispute was in existence prior to issuance of the statutory demand notice under Section 8 of the Code by the applicant. There is sufficient evidence to prove the existence of dispute. The instant application cannot be considered for admission and needs to be rejected - The instant application stands rejected and disposed of.
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