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TMI Blog2020 (2) TMI 1554X X X X Extracts X X X X X X X X Extracts X X X X ..... he Insolvency and Bankruptcy Code, 2016 [hereinafter referred to as "the - Code") read with Rule 6 of The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 [hereinafter referred to as "the Rules"], as operational creditor/applicant. 2. The applicant/operational creditor is a private limited company having registered office at Gandhidham, Kutch having identification No. U51909GJ2003PTC042158 is engaged in the business of supply of coal. 3. The respondent/corporate debtor is a limited company registered under the Companies Act, incorporated on 21.08.1991 having identification No. L15140GJ1991PLC016151 and having registered office at Gandhidham, Gujarat State. Authorised share capital of the respondent c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 8. The respondent filed reply inter alia raising the following objections: - (i) no amount, as claimed by the petitioner, is due and payable by the respondent, in as much as the respondent company had raised debit note dated 17.08.2018 claiming an amount of Rs. 11,12,721/- against the petitioner for quality difference; (ii) the debit note dated 17.08.2018 is raised by the respondent company upon the petitioner much before issuance of demand notice dated 16.02.2019 and the petitioner had settled the accounts with the respondent company after taking into consideration the above debit note; (iii) the goods supplied by the respondent was less in weight and there was difference in the quality also; Findings 9. Heard counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te for an amount of Rs. 11,12,721/- and issuance of credit note by the operational creditor towards rebate of GCV against the debit note dated 17.08.2018. The very fact itself goes on to show that there is/are pre-existing dispute regarding the quality/quantity of goods supplied by the operational creditor and the petitioner had settled the accounts with the respondent company after taking into consideration the above referred credit/debit note. 12. In the instant application, from the material placed on record by the Applicant, it is evident that there is/are preexisting dispute regarding the supply of goods and, therefore, the instant petition is not maintainable. Further, the petitioner has not filed affidavit of no dispute as requ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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