2020 (9) TMI 481

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....uptcy (Application to Adjudicating Authority) Rules, 2016 (Forbrevity 'the Rules') with a prayer to trigger Corporate Insolvency Resolution Process in respect of respondent Company M/S. Supertech Limited referred to as the corporate debtor. 2. It is the case of the applicant that it is a registered partnership firm and deals in the business of outdoor advertising in the name and style of "M/S. Chandra Agencies", in accordance with the law. 3. It is also the case of the applicant that the corporate-debtor approached the operational-creditor for advertisement of its products/business by way of various modes of outdoor advertisement. Thereafter, the Corporate-debtor made various purchase orders from time to time for the advertise....

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....d objection against the admission dated 17.07.2018 of the present application on the basis of deficiency in the services and breach of obligations by the applicant. 8. It is submitted by the respondent that the breach of obligations are explicit from the email dated 11.01.2016, wherein in furtherance to and despite of the deficiencies already pointed out to the Operational-creditor, the same continued and the Corporate-debtor asked the Operational-creditor to change all the flexes as being as being defective and not as per the requirements of the service order. The said e mail has been reproduced below: "From: Bappi Barman [mail to: [email protected]] Sent: Monday, January 11, 2016 6:10 PM ....

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....This is to inform you that your media is discontinued with immediate effect. The reason being you are not able to manage the media properly. Since day 1 there has been some problem or the other. Media remained damaged almost all the time. Therefore, management has taken decision to discontinue with immediate effect because the whole campaign proved to be a negative branding than positive branding. Having said this, we would want to restart this business association later sometimes in the future with other sorts of options useful to us. Keep in touch for updates. Thanks and Regards, Vikrant Chauhan (Media) Super tech " 10. It is also alleged that the Operational-creditor was not compet....

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....before the axe, in the form of Corporate Insolvency Resolution Process, falls. 15. In respect of definition of "dispute" in the Code Hon'ble Supreme Court has held in the case of Mobilox Innovative Pvt. Ltd. Vs. Kirusa Software Pvt. Ltd. in civil appeal No. 9405 of 2017 vide order dt. 21.09.2017 inter-alia that: "Therefore, all that the adjudicating authority is to see at this stage is whether there is a plausible, contention which required further investigation and that the 'dispute' is not a patently feeble legal argument or an assertion of fact unsupported by evidence. It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster. However, in doing so the Court does no....