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TMI Blog2020 (2) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... rejoinder filed by the Operational Creditor, they have not answered the question as to how the Corporate Debtor is liable to pay money to the Operational Creditor, when the contract was between the Corporate Debtor and M/s. RITES Ltd. Further, the Operational Creditor are only sub-contractor under the said M/s. RITES Ltd. Reliance placed in the case of Mobilox Innovations (P.) Ltd. v. Kirusa Software (P.) Ltd. [ 2017 (9) TMI 1270 - SUPREME COURT ] where it was held that So long as a dispute truly exists in fact or is not spurious, hypothetical or illusory, the Adjudicating Authority has to reject the application. Application dismissed. - MS. Sucharitha R., Judicial Member And Satya Ranjan Prasad, Technical Member B.P. Tripath and B. Sree ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for execution of work at the site of the Corporate Debtor. The Corporate Debtor has made certain extension of site for smooth transportation of coal from the office of the Corporate Debtor to the Railway Station. As per the contractual obligation the Operational Creditor completed his work and raised Bills for settlement. The Corporate Debtor has filed his reply, the Corporate Debtor has stated that Statutory Demand Notice under Section 8 is not as per the IBC, 2016. There is no privity of contract between the applicant and the Corporate Debtor. The Corporate Debtor has given this project to M/s. RITES Ltd. Hence, there is no liability directly from the Corporate Debtor to the Operational Creditor. Hence, on this ground the application oug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Creditor. 8. The Corporate Debtor submits that the entire amount, subject to statutory deductions and retention amount, all other dues are cleared. The Operational Creditor also acknowledges the same. The question of contractual obligations, whether there is privity of contract between parties, the terms conditions of contract, what are the statutory deductions and which party ought to borne the same are all subject matter of Civil Court. 9. We have heard the arguments, we have completely gone through the records. In the matter of Mobilox Innovations (P.) Ltd. v. Kirusa Software (P.) Ltd. 144 SCL 37 the Hon'ble Apex Court held as follows: 40. It is clear, that once the Operational Creditor has filed an application, which is otherwi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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