Communications through emails and letters issued by Corporate Debtor to Operational Creditor before receipt of Demand Notice pointing out deficiencies in service amounts to dispute under IBC – Indo Pack Ltd. Vs. M SEA Pharmaceuticals Pvt. Ltd. – NCLT Chandigarh Bench
In this case, one issue is whether the operational debt was disputed by the corporate debtor, it is deposed by operational creditor that till date no notice relating to a dispute by the Corporate Debtor has been received by the Operational Creditor in relation to the unpaid Operational Debt as the alleged dispute raised by the Corporate Debtor by way of reply is sham, vague, moonshine, got up and motivated and the same has been taken to evade the liability of the Operational Creditor.
The considered view of the Adjudicating Authority Bench is that the amount claimed is disputed. Although, an affidavit under Section 9(3)(b) of the Code is attached but communication dated 29.09.2018 issued by the corporate debtor to the applicant falsifies this averment that no notice regarding dispute was received. It is settled law that communications through emails and letters issued by corporate debtor to the operational creditor before receipt of demand notice dated 04.07.2019 pointing out deficiencies in service amounts to dispute. In the case in hand, as per communication on 29.09.2018, it is apparent that there was a pre-existing dispute. This factum of print cylinders lying with the applicant is also admitted by the applicant in its replication. In the light of the discussion foregoing, it is concluded that in the case in hand there is a dispute which is of civil nature and can be adjudicated upon by a civil court after taking evidence and appreciation thereof and is not within the domain of this Adjudicating Authority under the Code for trigging the Insolvency Resolution Process against the corporate debtor.
