shown due from the Operational Creditor. Further, vide email date 27.11.2019, the Corporate Debtor has claimed that it is entitled to receive Rs.6.6 Crores and apprised the Operational Creditor about the status of work and vide another mail on same date with subject line “façade work start a plan S Business Park @Shirawane, which was responded by Operational Creditor on the same date taking note of the update. There is no communication on the mail relating to payment, but we feel that the mail related to payment and update were sent on the same mail id it cannot be said that mail relating to payment would not have come to knowledge of Operational Creditor. We feel Operational Creditor has consciously suppressed these communications even though it forms part of Corporate Debtor’s reply 27.03.2020 which is appended to the application as exhibit “D”. Further, no evidence on record has been placed by the Operational Creditor to claim that the amount claimed by the Corporate Debtor vide invoice referred in letter dated 21.12.2019 was not payable or lesser amount was payable. The Operational Creditor’s claim that only 7.5% work has been completed is in stark contradiction to the claim of the Corporate Debtor, which we find is evidenced from material placed by Corporate Debtor before us. Accordingly, we feel that this petition is not maintainable on ground of pre-existing dispute also as to whether the amount claimed as due is really due or not and such dispute requires determination, which we are not appropriate forum to adjudicate upon.
