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NATIONAL COMPANY LAW TRIBUNAL
KHETRABASI BISWAL, Judicial Member, SHISHIR AGARWAL, Technical Member
Sunil Makkar – Appellant
Versus
GLOBALWASH CREATION PRIVATE LIMITED – Respondent
| Table of Content |
|---|
| 1. operational creditor claims unpaid job work debt under ibc s.9. (Para 1 , 2) |
| 2. corporate debtor raises pre-existing dispute on quality and payments. (Para 3) |
| 3. rejoinder asserts chronological payment appropriation, denies sham dispute. (Para 4) |
| 4. pre-existing dispute via emails and iu record bars cirp admission. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 5. section 9 application dismissed due to dispute. (Para 12 , 13) |
JUDGEMENT
The instant Application has been filed by Mr. Sunil Makkar, the sole proprietor of Sonu Garment (Operational Creditor/Applicant) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “Code” or “IBC”) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter referred to as the Rules) for initiation of Corporate Insolvency Resolution Process (hereinafter referred to as the ‘CIRP’) against Globalwash Creations Pvt. Ltd (Corporate Debtor/Respondent) owing to unpaid operational debt of Rs. 1,42,77,887.
2. The averments made by the Operational Creditor/Applicant in its Application and as argued by the learned counsel are summarised as under:
(i) The Operational Cr
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