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TMI Blog2019 (9) TMI 1721X X X X Extracts X X X X X X X X Extracts X X X X ..... ispute about quantum of debt - HELD THAT:- There is no dispute with regard to the aforesaid amount and it remaining outstanding and being more than Rs. 1 Lakh, the Application under Section 9 was fit to be admitted. The impugned order is set aside - case remitted to the Adjudicating Authority to admit the Application under Section 9 after Notice to the Respondent, so that the Respondent may ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31st October, 2018 rejected the Application under Section 9 on the ground that there is a dispute about quantum of debt. 2. Learned Counsel for the Appellant submits that even if the debt is disputed, the amount being much more than Rs. 1 Lakh, it was incumbent on the part of the Adjudicating Authority to admit the Application in absence of any pre-existing dispute. 3. On the other ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheques were bounced but thereafter over a period of time, the Debtor sent emails requesting the Creditor to attend the defects and service requirement in respect of the PV Boxes supplied to the Debtor, finally on 24.02.2016 sent the mail stating that out of Rs.1,73,47,141, the Debtor is to pay only Rs.75,97,141, because the Debtor incurred expenditure on attending the defects on their own when th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itself sent email that the balance payable is only Rs.75,97,141 and not the amount claimed by the Creditor as mentioned in the Company Petition. 13. Of course, as to limitation is concerned, there are continuous issues between the parties, whereby we refrain ourselves from deciding this point so that if parties go before civil court, it could be thrashed out on examining the documents availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard to the aforesaid amount and it remaining outstanding and being more than Rs. 1 Lakh, the Application under Section 9 was fit to be admitted. 9. For the aforesaid reasons, we set aside the Impugned Order dated 31st October, 2018 and remit the case to the Adjudicating Authority to admit the Application under Section 9 after Notice to the Respondent, so that the Respondent may get an opportuni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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