2021 (8) TMI 203 - Tri - Insolvency and Bankruptcy

Prayer to receive the documents on record which clearly shows the existence of pre-existing dispute - Section 60(5) of Insolvency and Bankruptcy Code, 2016 Read with Section 8, 11 32 of NCLT Rules, 2016 - HELD THAT - The applicant/corporate debtor should be allowed to place on record the documents for establishing his claim before us. Copies of these documents are already served to the respondent/operational creditor herein. Therefore, the documents submitted by the corporate debtor are taken on record. Application disposed off.

Summary

Issues:
- Application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 for receiving documents showing pre-existing dispute.
- Allegation of non-filing of relevant documents by Corporate Debtor.
- Counter affidavit by Operational Creditor claiming no pre-existing dispute.
- Violation of statutory requirements by Corporate Debtor.
- Existence of undisputed debt and the need for admission of CIRP application.

Analysis:
- The application was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking the Tribunal to receive documents demonstrating the existence of a pre-existing dispute. The Corporate Debtor contended that relevant payment proof documents were not filed due to the absence of the concerned Accountant, crucial to the case's facts and circumstances. The Corporate Debtor asserted that the Operational Creditor initiated the CIRP process with unclean hands, alleging a pre-existing dispute predating the demand notice issuance.

- The Operational Creditor, in response, argued that the Corporate Debtor's application should be dismissed for exceeding the statutory time limit specified in Section 8(2) of the I & B Code, 2016. The Operational Creditor emphasized the importance of timely initiation of the insolvency resolution process, citing the judgment in "Mobilox Innovations Private Limited Vs. Kirusa Software Private Limited." The Operational Creditor accused the Corporate Debtor of fabricating documents to prolong proceedings and abuse the legal process.

- The Operational Creditor further contended that the Corporate Debtor acknowledged the debt owed, as evidenced by an email communication and ledger entries. Referring to the judgment in the case of "Ahluwalia Contracts (India) Limited Vs. Raheja Developers Limited," the Operational Creditor stressed the necessity of a pre-existing dispute before the demand notice or invoice receipt. Additionally, the Operational Creditor cited the judgment in "Innoventive Industries Ltd. v. ICICI Bank and Anr." to support the existence of an undisputed debt, warranting the admission of the CIRP application against the Corporate Debtor.

- After hearing both parties and examining the submissions, the Tribunal decided in favor of the Corporate Debtor, allowing the submission of documents to establish their claim. The Tribunal acknowledged that the documents had been served to the Operational Creditor and thus accepted them into the record. Consequently, the Tribunal disposed of the instant application under IA No. 203/2020 in favor of the Corporate Debtor.