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TMI Blog2022 (8) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... btor in CIRP as claimed by the Operational Creditor, cannot be admitted. Petition dismissed. - CP (IB) No. 215/AHM/2020 - - - Dated:- 1-8-2022 - M. B. Gosavi , Member ( J ) And Kaushalendra Kumar Singh , Member ( T ) For the Appellant : Dhiren Dave , PCS For the Respondents : Pranik Thakkar , Advocate ORDER 1. This application is filed under Section 9 of the IBC by M/s. AMI ALLOYS-Partnership Firm/Operational Creditor through its authorized representative against M/s. Emrise Engineering Pvt. Ltd/Corporate Debtor for initiation of Corporate Insolvency Resolution Process of the Corporate Debtor on the ground that the Corporate Debtor committed default in paying the operational debt of Rs. 31,66,482/- (Rupees Thirty-o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re particularly it is a case of creating evidence for filing the present petition by twisting the material facts in present case. I say and submit that receipt of the above letter is not in dispute as the petitioner has placed the said letter on Pg. No. 138 of the petition. Hence, said petition is not maintainable, it deserves to be dismissed and appropriate cost may be imposed for filing such petition by suppressing facts and creating evidence through coercion. 6. According to the Corporate Debtor, there is a pre-existing dispute pending in between the Operational Creditor and the Corporate Debtor and hence this application is not maintainable. 7. We heard learned PCS, Dhiren Dave for the Operational Creditor and learned counsel, Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o suffer heavy loss in following words: I had issued Purchase Order ref EEPL/001/18-19 dated 01-Apr-2019 to you for delivery of 12x150 Globe Valve within 28-Apr-2019. However, despite of regular follow ups you failed to supply the material on time. Thus, I was forced to withhold your other payments. Needless to say, there was certain invoices raised by you where the work was done on time and was satisfactory, the payment of such invoices were done even before 30 days. Thus, only where there are lapses on your part on time or quality are been withheld. On 26-Jul-2019, I had a meeting at your office and your friend Mr. Dhiren Dave was also present in the office with you. You informed me that Mr. Dave has drafted a letter and sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... about the cheques obtained by the Operational Creditor from the Officers of the Corporate Debtor by putting some coercions, that too in presence of PCS, Mr. Dhiren Dave. Be that as it may, letter dated 29.11.2019 sent by the Corporate Debtor to the Operational Creditor is prior to issuance of demand notice under Section 8 of IBC dated 20.12.2019. By this letter, Corporate Debtor has raised a genuine dispute about the amount which is due and payable and about the quality and late delivery of the goods etc. 12. Learned PCS, Dhiren Dave for the Applicant tried to take us through the details of the account which Operational Creditor has maintained in order to impress upon us that original debt as claimed is correctly mentioned in the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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