TMI Blog2020 (3) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... as due, it is for respondent to prove that there are no outstanding dues to be paid to the applicant. There has been much cloud in the submission of the respondent - Therefore, without any specific details of material particulars or evidence the fact of existence of a dispute cannot be sustained. In the present case, there is no such dispute as pre-existing, the dispute which was being claimed to be pre-existing by the corporate debtor did not survive and section 8 notice was issued much later on 01.11.2018 - the dispute was settled and the respondent has not challenged or taken any other steps against the decision of CERA, albeit a hypothetical or illusory dispute has been raised by the 'Corporate Debtor' and the same appears t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstructions Private Limited, is a company incorporated on 21.09.1995 under the provisions of Companies Act, 1956 with CIN No. U45400DL1995PTC072597, having its registered office at 119, 1st Floor, Sant Nagar, East of Kailash, New Delhi-110065. The Authorised Share Capital of the respondent company is ₹ 50,00,000/- and Paid Up Share Capital of the company is ₹ 50,00,000/- as per Master Data of the company. 4. It is the case of the applicant, that respondent company approached the applicant in the year 2017 and placed a work order bearing no. CCPL/082 dated 09.09.2018 for deployment of Boom Pump 36 mts, on hire basis, for its site at Godrej Golf Link, Plot No. Rep. 1, Sector-27, Opp. Bironda Village, Gautam Budh Nagar, Greater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the applicant shall initiate the Corporate Insolvency Resolution process against the Respondent. 8. The applicant has annexed postal receipt along with the tracking report showing the delivery of the said demand notice at the registered office of the Corporate Debtor. 9. Despite the demand notice sent under Section 8 of the Code, the Respondent failed to pay the amount demanded and has neither raised any notice of dispute. As no payment was coming, hence this application, seeking to unfold the process of CIRP. 10. The applicant has stated that total debt due and payable is ₹ 11,93,375/- (Rupees Eleven Lakhs Ninety Three Thousand Three Hundred Seventy Five), along with interest, as per the invoices from 01.11.2018. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 09.01.2018, with an assurance of looking into the same. Pursuant to this the respondent received an email dated 28.02.2018 from the rental forum (CERA) to release an undisclosed amount towards payments. 14. In its rejoinder the applicant states that, the respondent without any reason presumed that the services being provided by the applicant were deficient, inefficient and their approach was very unprofessional during the performance of the work order without appreciating the fact that the applicant has brought on record Log Books which form part of entries made by the applicant and verified by the respondent itself thereby showing efficient, diligent and timely services and the fact that the invoices were raised strictly on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invoices was received by the 'Corporate Debtor'. Any subsequent dispute raised while replying to the demand notice under Section 8(1) cannot be taken into consideration to hold that there is a pre-existing dispute. 18. In Mobilox Innovations (P.) Ltd. v. Kirusa Software (P.) Ltd. [2017] 85 taxmann.com 292/144 SCL 37, Hon'ble Supreme Court held: 40 . Therefore, all that the adjudicating authority is to see at this stage is whether there is a plausible contention which requires further investigation and that the dispute is not a patently feeble legal argument or an assertion of fact unsupported by evidence. It is important to separate the grain from the chaff and to reject a spurious defense which is mere bluster. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Charted Bank Ltd. in compliance with the requirement of Section 9(3)(c) of the IBC 2016. 20. In view of above, we are satisfied that the present application is complete and the Operational Creditor is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt, and fulfilment of requirements under section 9(5) of the Code. Hence, the present application is admitted. 21. The registered office of respondent is situated in New Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 22. The Applicant has proposed the name of Interim Resolution Professional as Mr. Deepak Kumar Agarwal. In view of the same, this Bench appoints the same Mr. Deepak Kumar Agarwal, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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