The filling of winding up petition and also the application for Mediation under section 12A of the Commercial Court Act, 2015 by Operational Creditor are reasons enough to belief and prove that there is a pre-existing dispute between the parties – Sunila Chhabra Vs. Leighton India Contractors Pvt. Ltd. – NCLT Mumbai Bench
NCLT Mumbai Bench held that the filling of winding up petition and also the application for mediation under section 12A of the Commercial Court Act, 2015 by Operational Creditor are reasons enough to belief and prove that there is a pre-existing dispute between the parties. Thus, on this basis also, the present petition is not maintainable. In addition, the stated debt has also not been admitted by the Corporate Debtor, rather the Corporate Debtor has put a counter claim against the Operational Creditor vide letter dated 13.10.2011. Thus, there is no crystalized admitted debt in the present case.