TaxTMI 
TaxTMI 
2018 (4) TMI 351
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....cy Code, 2016 (for brevity 'the Code') read with rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (for brevity 'the Rules') with a prayer for initiation of Corporate Insolvency Resolution Process in respect of respondent company, claimed to be the corporate debtor. 2. The applicant, M/s. Amar Tour & Transport is a sole proprietorship concern having its registered office at S-128, Maharam Nagar, Delhi Cantt-110010. One Mr. Amar Sharma the sole proprietor of M/s. Amar Tour & Transport has filed the present application claiming as the operational creditor with the prayer for initiation of Corporate Insolvency Resolution Process under the provisions of the Code. 3. The Respondent ....
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....18% p.a., aggregating a sum of Rs. 2,83,80,460/- as on the date of demand notice. Copies of bills raised by applicant have been placed on record. 6. It is further submitted that during the course of service the respondent did not dispute the bills raised along with supporting documents like parking slips, log book etc. Only on 24-10-2016 the respondent for the first time served the applicant with 8 debit notes claiming a set off of about Rs. 42,55,539/- on account of purported deficiencies in the bill and the amount claimed therein. It is claimed that apart from the said debit notes, contents of which are not admitted, no further set off/reprieve/deficiency whatsoever was otherwise claimed from the applicant. 7. The applicant further ....
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....some issues with the transport service provider and highlighted several issues relating to the services to the applicant. 12. Subsequently, the respondent through its auditor investigated the matter and after detailed investigation the auditor submitted report dated 11-05-2015, pointing out following issues: a. Inappropriate parking charges claimed. b. Excess kilometre claimed by vendor. c. Crew members clubbed but billed individually. d. Discrepancies in rostering data and log sheet billed. e. Non-adherence to the service level agreement clauses. The report of auditor dated 11-05-2015 has been placed on record. 13. It is stated that pursuant to the report a meeting was convened between ....
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....ning it can be seen that the respondent has made excess payments to the applicant and nothing more is due and payable to the applicant. 16. We have heard the parties and perused the case records. 17. "Dispute" has been defined under the Code in Section 5(6) which envisages that: "(6) "dispute" includes a suit or arbitration proceedings relating to- (a) the existence of the amount of debt; (b) the quality of goods or services; or (c) the breach of a representation or warranty" 18. It is no longer Res Integra that the definition is inclusive and not exhaustive. Dispute has been given wide meaning so as to cover all disputes on debt, default etc. and not be limited to only pending suit or a record o....
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....notes claiming a set off of about Rs. 42,55,539/- to the applicant on account of deficiencies in the bills and the amount claimed therein. In addition there are various correspondences on record inter alia in respect of disputed bills and on deficiency of service, which strengthens the contention of 'existence of dispute' in the matter. There is thus overwhelming evidence on record to show existence of dispute much prior to the demand notice issued under Section 8 of the Code. 21. It is pertinent to state here that this is not the forum to examine and adjudicate as to which portion of the claims are admissible. Tribunal will also not examine the merits of the dispute. The alleged liability has been disputed long since 2015. The d....