Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2022 (7) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 363 - NATIONAL COMPANY LAW TRIBUNAL , KOLKATA BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - It was informed by the Corporate Debtor that the quality of goods supplied had deteriorated - pre-existing dispute or not - HELD THAT:- The Corporate Debtor has in its reply referred to various letters written by the Corporate Debtor to the Operational Creditor, had raised the issue of quality of goods being inferior in terms of printing, quality of paper and glue. It was also mentioned in the letter dated 30th March, 2019 that the rate charged by the Operational Creditor was higher than other supplier, which was promised to be revised, for which the Operational Creditor had issued the bills at the old rates. The Corporate Debtor had, therefore, returned the bills issued by the Operational Creditor after making necessary correction in that, requesting the Operational Creditor to send revised bills. It was written by the Corporate Debtor to the Operational Creditor that they would start giving order only when the Operational Creditor assured that quality of paper, printing and glue would be upto mark. The Corporate Debtor had further complained of delayed delivery of goods which had caused business loss to the Corporate. Another issue relating to charges on account of transportation was also raised in the said letter. In view of the letters issued before the service of notice under Section 8 of the Code by the Operational Creditor, there is a clear case of preexisting dispute between the parties and, therefore, this petition is not maintainable and is therefore, rejected.
|