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TMI Blog2022 (6) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... porate Debtor. Therefore, it can be seen that there was clever dispute between the parties with respect to the quality and quantity of the material supplied by the Operational Creditor to the Corporate Debtor. On perusal of contents of the emails dated 9.05.2017, 12.05.2017, 22.05.2017, 24.05.2017, 23.06.2017, 01.07.2017, 04.07.2017, 06.07.2017 and 25.07.2017 the 'dispute' has been raised by the Corporate Debtor 'problem in bulks, shortage in bulks' and the 'dispute' raised by the Corporate Debtor does not appears to be hypothetical or illusory. From the, averments in petition and reply thereto and all other documents placed on record, this Bench is of the view that there is a dispute, which requires further inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g payment of an unpaid operational debt as per provisions under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 via Speed Post. 4. The Corporate Debtor has submitted his reply. The main objections raised by the corporate debtor are as follows: a. The Corporate Debtor submits that the transactions between Operational Creditor and the Corporate Debtor had been on regular basis and the payments with respect to the same were made on bill to bill basis. b. The Corporate Debtor further alleged that debit notes were issues against the invoices by the Corporate Debtor regarding which the present complain has been filed. Also the Corporate Debtor had raised issue of certain shortage/variation. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Debtor had raised a dispute for the first time vide its email dated 09.05.2017 with respect to the products delivered to the Operational Creditor. Subsequently on several occasions i.e. 12.05.2017, 22.05.2017, 24.05.2017, 23.06.2017, 01.07.2017, 04.07.2017, 06.07.2017 and 25.07.2017 disputes were raised with respect to the quantity and quality of the fabric delivered to the Corporate Debtor. Therefore, it can be seen that there was clever dispute between the parties with respect to the quality and quantity of the material supplied by the Operational Creditor to the Corporate Debtor. In this regards, the reference can be made to citation of Mobilox Innovations Private Limited Vs Kirusa Software Private Limited in the CIVIL APPEAL NO. 9405 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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