TMI Blog2020 (3) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive material supplied by the petitioner, respondent had issued debit notes - In the instant application, from the material placed on record by the respondent, it is evident that there is/are pre-existing dispute regarding quality of the material supplied by the operational creditor and, therefore, the instant petition is not maintainable. The Adjudicating Authority is of the considered view that the instant application devoid of merit and as such is not maintainable on the very reason that there is/are pre-existing disputes with regard to the quality of goods supplied - Application dismissed. - C.P. (I.B) No. 656/NCLT/AHM/2019 - - - Dated:- 20-3-2020 - Hon'ble Ms. Manorama Kumari, Member Judicial And Hon'ble Mr. Chockaungam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate debtor which includes the value of material supplied from time to time and charges which fell due on account of delay in payment of invoices. 5. It is further stated by the petitioner that despite repeated requests, reminders and personal follow-ups, the respondent has failed to make the outstanding payment. Therefore, this petition. 6. In support of its claim, the operational creditor has annexed to the application, copy of demand notice, ledger account maintained from April 2017, invoices, demand notice, reply to the demand notice etc. 7. The respondent filed affidavit in reply raising various objections. The first and foremost objection raised by the respondent is that a legitimate dispute was raised by the respondent much ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent regarding inconsistent quality of the goods supplied by the petitioner. 10. On perusal of the records it is also found that against the defective material supplied by the petitioner, respondent had issued debit notes. 11. In the instant application, from the material placed on record by the respondent, it is evident that there is/are pre-existing dispute regarding quality of the material supplied by the operational creditor and, therefore, the instant petition is not maintainable. 12. In view of what is stated herein above, the Adjudicating Authority is of the considered view that the instant application devoid of merit and as such is not maintainable on the very reason that there is/are pre-existing disputes with regard t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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