TaxTMI 
TaxTMI 
2019 (3) TMI 309
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....eing vested with the Jaipur Bench of this Tribunal vide a Notification No. SO 3145(E), dated 28.06.2018 has been transferred to this Bench for its consideration. Pursuant to the transfer of proceedings on 26.07.2018 notice to show cause to the respondent/Corporate Debtor for the petition filed by the petitioner under the provisions of Insolvency and Bankruptcy Code, 2016 (IBC, 2016) had been ordered. Pursuant to the same the Corporate Debtor had entered its appearance on 09.08.2018 as recorded in the proceedings and an opportunity had been afforded to the Respondent/Corporate Debtor to file its reply within a period of 10 days from the date of the said order. The pleadings, thereafter, were completed as evident from proceeding sheets on 04.....
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....y the Operational Creditor to the Corporate Debtor had been replied to in detail by the Corporate Debtor, perusal of which shows that the claim is sought to be denied on the grounds of quality issues arising in relation to supply of pipes as made by the Operational Creditor and since there is an existence of dispute as between the parties in relation to quality, the notice of dispute sent by the Corporate Debtor dated 18.05.2018 itself shows that the dispute could be resolved amicably as between the parties once the quality issue is sorted out and that the balance payment will be released thereafter. The said notice of dispute has been annexed along with the application as filed by the Operational Creditor at page No. 181 of the typed set f....
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....fied that the ash content as below 7%, the Corporate Debtor is harping on the claim of quality to deny the balance payment and that the defence put forth by the Corporate Debtor is nothing but a sham or illusory to deny the legitimate dues. 7. The arguments of both the counsels were heard in detail. Both the counsels for the parties vehemently contended while canvassing the position of their respective parties and also to demonstrate that the quality of materials which have been supplied to the Corporate Debtor by the Operational Creditor were of the required quality or that the quality was not of the desired standard. In fact, during the course of oral submissions, it is also pointed out by learned counsel for the Corporate Debtor that ....
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.... is seen that notice under Section 8 of IBC, 2016 had been issued on 11.05.2018 to which a reply in detail by the Corporate Debtor by way of notice of dispute dated 18.05.2018 had been sent wherein it has been brought to the notice of the Operational Creditor pertaining to the quality issue and the existence of a dispute as between the parties arising out of quality of the materials supplied. 9. Reference to the provisions of IBC, 2016 and more particularly definition of 'Dispute' under Section 5(6) is as follows: - "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 representatio....