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2022 (5) TMI 756 - 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 and dispute or not - Applicability of IBC on Government Companies - HELD THAT:- It is found that the corporate debtor is a Government Company wholly owned by the State Government formed for serving public service and all the directors are also appointed by the State Government from the concerned departments. It is also noted that the Corporation is engaged in the development of Handloom & Handicraft in the State of Gujarat and implements various schemes and projects of the State Government, assisting different crafts and craftsmen/artisans. It is evident that Corporate Debtor is engaged with the public cause and the money involved in all these activities of the public exchequer. On the facts of the case, it is clear that the applicant has rendered services to the respondent. However, apparently there was no agreement regarding the payment, including the quantum of payment, to the applicant by the respondent. The letter dated 11.01.2018 by the applicant to the respondent mentions charges as commission/brokerage but qualifies it by the statement, "to be discussed and mutually agreed". No evidence regarding discussion or mutual agreement has been furnished - From the facts on record, it is clear that there was a pre-existing dispute regarding the quantum of commission payable. In absence of any written agreement, it is difficult to ascertain what was the correct commission payable. The respondent had, even during the hearing, expressed its willingness to pay the brokerage as approved by the State government. From the facts of this case, it is apparent that the genuine and bonafide dispute existed between the parties. The instant application is not maintainable - application dismissed.
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