Document Fragment View

Matching Fragments

52. Other cited judgements of the Appellant are not found helping the cause of the Appellant. We will also like to refer here the landmark judgement of Hon'ble Supreme Court of India caring issue of Pre-existing disputes under the Code. In Mobilox Innovations P. Ltd. vs. Kirusa Software (P) Ltd. [(2018) 1 SCC 353]. The Hon'ble Supreme Court of India has stipulated the following test for existence of dispute :-

a) Whether the Corporate Debtor has raised a plausible contention requiring further investigation which is not a patently feeble legal argument or an assertion of facts unsupported by evidence;

14. On a cojoint reading of the provision envisaged under Section 9 of the Code, 2016 and the Mobilox Innovations (Supra), we are of the considered opinion that it is a settled preposition that the adjudicating authority must follow the mandate of Section 9, as outlined above, and in particular the mandate of Section 9(5) of the Act, and admit or reject the application, as the case may be, depending upon the factors mentioned in Section 9(5) of the Act.

15. Adverting to factual matrix of the present case, we are satisfied that present petition is complete as per the provisions of Code, 2016 read with rules made thereunder, outstanding operational debt claimed in part IV of Forrn-5 of the petition is above the pecuniary threshold limit as envisaged under Section 4 of the Code, 2016 and duly supported by Agreement dated 28.05.2010 and addendums thereto, Running Account Bills and other ancillary documents, therefore, the requirements as envisaged under Section 9(5)(i)(a), 9(5)(i)((b) and 9(5)(i)((c) of the Code, 2016 are satisfied.

56. In Civil contract for construction of certain civil facilities like in the present case of BTG and OBTG contracts, what is to be seen is that the work has been completed and there has been no issues regarding quality or quantity of the services. Mere allegations regarding less mobilisation of manpower or regarding delay during the contract which was ultimately completed to the satisfaction of the Corporate Debtor for which the completion certificate, without any caveat or qualifications or conditions was issued to the Financial Creditor, such allegations may not fall in the definition of dispute under Section 5(6) of the Code and also will not meet the test as stipulated by the Hon'ble Supreme Court of India in the Mobilox Innovations P. Ltd. (Supra).