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TMI Blog2020 (10) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... that whether such dispute is real and genuine on the basis of apparent facts and is not feeble to avoid the payment. From the contentions of both the sides, it is apparent that corporate debtor has made counter-claims and even some of the requirements of the purchase order have not been met. Further, no material has been brought to record by the operational creditor to dispute the claims made by corporate debtor in its letter dated 26.07.2017. These facts lead to the inevitable conclusion that there exists a dispute in real sense. Thus, conditions for admissibility of an application filed under Section 9 of IBC, 2016 are not satisfied. Application dismissed. - M. B. Gosavi , Member ( J ) And Virendra Kumar Gupta , Member ( T ) For the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of IBC, 2016 had also been filed. 4. The Ld. Counsel for the corporate debtor, on the other hand, submitted that it was not a case simply of supplies, but it was a composite contract for supplies as well as execution. Our attention was also drawn to the Work Order dated 20th July, 2016 in support of its contention regarding nature of contract and specific clauses relating to the defect liability period. The operational creditor was to supply and fix false ceiling and do structural work. There was a case of excess payment made by corporate debtor. It was claimed that such payment stood to the extent of ₹ 19,72,963.82 which was recoverable from the operational creditor. In this regard, our attention was specifically drawn to page nos. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of apparent facts and is not feeble to avoid the payment. From the contentions of both the sides noted as above, it is apparent that corporate debtor has made counter-claims and even some of the requirements of the purchase order have not been met. Further, no material has been brought to record by the operational creditor to dispute the claims made by corporate debtor in its letter dated 26.07.2017. These facts lead to the inevitable conclusion that there exists a dispute in real sense. Thus, conditions for admissibility of an application filed under Section 9 of IBC, 2016 are not satisfied. Accordingly, we dismiss this application, however, no order as to cost. 6. The result is, this application being CP(IB) No. 504/KB/2018 stands d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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