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2022 (5) TMI 910 - NATIONAL COMPANY LAW TRIBUNAL , AHMEDABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor faield to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - time limitation - HELD THAT:- On perusal of the records it is found that as per the terms and conditions of purchase order dated 26.05.2018 issued by the applicant, the corporate debtor had delivered Waste Water Recycling Plant (800 m3/day) at the site of the applicant vide different delivery challan/packing slip during the period from 08.08.2018 to 16.12.2018 and the applicant has made total payment of Rs. 1,68,20,000/- to the corporate debtor. The corporate debtor has furnished copies of email/WhatsApp communications and correspondences between the corporate debtor and applicant, during the period between 23.12.2019 and 22.03.2020, much prior to the receipt of demand notice which substantiates that there exists a genuine dispute between the parties. As per the purchase order, the applicant had delivered and commissioned the machinery at the site of the corporate debtor as per the schedule and had redressed all the technical service issues faced by the corporate debtor, even after successful commissioning of the RO Plant. The corporate debtor has brought on record documents to substantiate its arguments that before issuance of demand notice dated 04.12.2020, there were genuine disputes with regard to operation of the plant supplied by the corporate debtor. Hon'ble Supreme Court in the matter of Mobilox Innovative Private Limited vz. Kirusa Software Private Limited [2017 (9) TMI 1270 - SUPREME COURT] held that in case of genuine dispute raised by the corporate debtor, the application cannot be admitted. The instant application deserves to be dismissed - Application dismissed.
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