TMI Blog2020 (10) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... page 27 (affidavit-in-reply) but the operational creditor in his invoice has claimed sum of ₹ 7,000/- towards labour welfare fees (page 19 of the application) - It is not necessary for us to go through all entries in detail. Suffice to say is that there appears genuine dispute in between the parties regarding the amount claimed towards operational debt. In the complaint, it is alleged that the operational creditor has withheld some of very vital and important documents of the corporate debtor, say as books of accounts, daily account files, IT files, VAT file, GST file, 2001 onwards, Bank statement files, TDS files, Digital signature files, etc. It appears that due to intervention of police, the operational creditor returned some o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es that for the period in between 01/10/2018 to 31/01/2019, he has rendered legal services to the corporate debtor in various ways and raised invoices of ₹ 9,26,600/-. He asked the corporate debtor to pay the fees but the corporate debtor did not pay. Hence, on 27.02.2019, he sent the corporate debtor demand notice under section 8 of IBC. Notice is delivered to the corporate debtor. The corporate debtor replied notice raising some false dispute and did not pay the sum of money. Hence, this proceeding is filed to start CIRP of the corporate debtor. 3. Notice of this application served on the corporate debtor. It has appeared in the matter through is authorised signatory, Mr. ShibshankerChatterjee. He filed affidavit-in-reply. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 9(5)(2)(d) if notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility. It is clear that such notice must bring to the notice of the operational creditor the existence of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending between the parties. 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 defence which is mere bluster. However, in doing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he operational creditor has withheld some of very vital and important documents of the corporate debtor, say as books of accounts, daily account files, IT files, VAT file, GST file, 2001 onwards, Bank statement files, TDS files, Digital signature files, etc. It appears that due to intervention of police, the operational creditor returned some of documents only. Hence, the corporate debtor filed the complaint against operational creditor in the Court ofCJM. Ld. CJM directed the police to register FIR and investigate the matter. We are not entering into that controversy as to whose claim is genuine. We only hold that there appears preexisting dispute pending in between the operational creditor and the corporate debtor about the amount of oper ..... X X X X Extracts X X X X X X X X Extracts X X X X
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