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TMI Blog2023 (2) TMI 1132X X X X Extracts X X X X X X X X Extracts X X X X ..... ot a disputed fact that there is a case pending before the MSME FC Pondicherry in case no. 3444/Ind Com/Unit- III/B7/2020. The same also forms part of the Applicant/Operational Creditor s submissions. Thus taking into consideration the blanket of facts and circumstances of this case, this Adjudicating Authority comes to the inevitable conclusion that this Application is liable to be dismissed as there is a pre-existing dispute in light of the Hon ble Supreme Court judgment in MOBILOX INNOVATIONS PRIVATE LIMITED VERSUS KIRUSA SOFTWARE PRIVATE LIMITED [ 2017 (9) TMI 1270 - SUPREME COURT ]. Application dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... per annum amounting to Rs. 1,75,19,991/-]. The Applicant herein has stated 05.09.2018 as the date of default when the first invoice fell due and payable. APPLICANT'S SUBMISSIONS 6. The Ld Counsel for the Applicant submitted: - (i) That the Operational Creditor is engaged in the business of manufacturing co-friendly corrugated boxes and the Corporate Debtor approached the Operational Creditor for the said corrugated boxes to pack, store and sell ceramic tiles. The Operational Creditor has been supplying the said boxes to the Corporate Debtor for more than 5 years. (ii) That despite systemic delivery, the Corporate Debtor failed to make payments for the invoices on time. (iii) That the Operational Creditor has raised more than 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s on date. RESPONDENT SUBMISSIONS 8. The Respondent/Corporate Debtor have filed a counter statement in this matter before this Tribunal in SR No. 5307 dated 15.09.2022. The Ld. Counsel for the Respondent submitted, (i) That the Applicant/Operational Creditor has filed a MSME Petition in case No. 3444/Ind & Com/Unit- III/B7/2020 in Pondicherry for recovery of dues and the same is pending as on the date of filing of this present Application. Further it is submitted that the Applicant had invoked Section 18 of MSME Act for recovery of the dues allegedly payable by Respondent to the Applicant. It is pertinent to mention that Section 18 of MSME Act specifically empowers the Facilitation Council to entertain any dispute between the parties f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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