2023 (3) TMI 544

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....nd of pre-existing dispute. Section 8 notice was issued on 06.11.2020 for an amount of Rs.3,15,53,639/-. The Corporate Debtor submitted a reply on 15.11.2020 to Section 8 notice disputing the claim and raising various claims against the Operational Creditor. Reply to the Section 9 application was also filed. The Adjudicating Authority after hearing the parties has dismissed the Section 9 application. The Adjudicating Authority after noticing the judgment of Hon'ble Supreme Court in "Mobilox Innovations Pvt. Ltd. vs. Kirusa Software Pvt. Ltd., (2018) 1 SCC 353", has come to the conclusion that there was pre-existing dispute between the parties. 2. Learned counsel for the Appellant challenging the order submits that the pre-existing dispute ....

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.... to Agreement has not been paid till date for stock in hand as on 31 May, 2019, conveyed through email on 19th June, 2019 and also on 17th July, 2019. This claim finally conveyed of Rs.27,00,000/- has not been settled as yet. 11. That on the purchases/transfers of stock billed from 1st June, 2019 till 30th November, 2019, having MRP Value of Rs.6,74,66,420/- and Invoice value of Rs.3,33,54,733/-. The additional discount of Rs.20,23,992/- which is due as per previous practice has not been credited to the account of the Distributor. 12. That there are defective stocks lying with the Distributor amounting to Rs.30,55,469/- at Invoice value, conveyed on 14th September, 2020, which has not been adjusted from the account of the Distributor.....