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TMI Blog2018 (12) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... titute a prior and pre-existing dispute contemplated under law as a defence to the initiation of Corporate Insolvency Resolution Process, more so when the contemporary record in regard to transactions between the Corporate Debtor and the Operational Creditor at the time of delivery of goods or immediately thereafter does not demonstrate raising of any dispute with respect to quality of goods supplied by the Operational Creditor. In view of the foregoing discussion it is of the considered opinion that the Corporate Debtor has failed to demonstrate that there was a pre-existing dispute in regard to quality and standard of goods supplied by the Operational Creditor rendering the impugned order unsustainable. I find no infirmity in the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emanding the outstanding amount of ₹ 4 lakhs together with interest. However, the Corporate Debtor failed to comply with the demand of the Operational Creditor paving the way for initiation of Corporate Insolvency Resolution Process at the instance of Operational Creditor, who filed the petition under Section 9 of I&B Code resulting in passage of the impugned order admitting the petition. 3. The Appellant did not question the factum of the 'operational debt' being payable in law. In so far as 'default' is concerned, the only ground urged in this appeal is that the Adjudicating Authority failed to consider that the goods corresponding to the invoice/ bill forming basis of the purported debt were defective and of inferior quality. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of Operational Creditor is just a sham designed to defeat the petition under Section 9 of I&B Code. In absence of even a whisper from the Corporate Debtor suggesting that the goods supplied were defective or did not conform to the agreed standard and his failure to show any communication emanated from his side intimating the Operational Creditor that the goods supplied were defective or substandard, it should not lie in his mouth that he had raised a dispute which did not warrant admission of the Operational Creditors petition under Section 9 of the I&B Code. Raising of dispute in regard to quality of goods being inferior/substandard or defective for the first time in reply to demand notice or in response to notice served by the Adjudi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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