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TMI Blog2018 (7) TMI 2292X X X X Extracts X X X X X X X X Extracts X X X X ..... dues and default - HELD THAT:- The Adjudicating Authority came to a definite conclusion that there is 'existence of dispute' and refused to admit the application under Section 9 of the I B Code, while we have noticed the plea taken by the appellant that no reply pursuant to demand Notice was given by the 'Corporate Debtor', but that will not take away the right of 'Corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting Authority (National Company Law Tribunal) Bench III, New Delhi by impugned order dated 22nd May, 2018 rejected the application on the ground of 'existence of dispute'. 2. Learned counsel appearing on behalf of the appellant referred different pages to show that there is no existence of dispute and the 'Corporate Debtor' made frivolous attempt to deny the admitted dues and d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions have also been duly recorded to the knowledge of the OC on the packing list dated 28.6.2017 annexed along with the counter affidavit. (iv) It is also contended that in relation to the invoice No. IN1718TDS-046 dated 26.06.2017 has been manipulated as the OC has conveniently removed objections in relation to the number of boxes delivered to the OC where endorsements have been made by CD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he objections which have been raised by the CD in relation to supply of goods/material, OC had deliberately filed illegible copy of logistics receipt dated 27.6.2017 and in order to set the records straight, a clear copy of the logistics receipt in claimed to have been annexed along with the counter affidavit which proves beyond doubt the shortage in the supply of goods effected. (viii) Content ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, the Adjudicating Authority came to a definite conclusion that there is 'existence of dispute' and refused to admit the application under Section 9 of the I B Code, while we have noticed the plea taken by the appellant that no reply pursuant to demand Notice was given by the 'Corporate Debtor', but that will not take away the right of 'Corporate Debtor' to take plea of & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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