Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
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A pre-existing dispute under the Insolvency and Bankruptcy Code was not established because the alleged quality objections arose only after service of the demand notice. The laboratory reports did not match the invoice particulars, and no contemporaneous written material showed earlier rejection of liability or complaints about defective consignments. The operational creditor's invoices, ledger and computation sheet established outstanding operational debt, while part-payments after notice and later stock-damage claims were treated as inconsistent with a genuine earlier dispute. Admission of the Section 9 application was therefore upheld.
A pre-existing dispute under the Insolvency and Bankruptcy Code was not established because the alleged quality objections arose only after service of the demand notice. The laboratory reports did not match the invoice particulars, and no contemporaneous written material showed earlier rejection of liability or complaints about defective consignments. The operational creditor's invoices, ledger and computation sheet established outstanding operational debt, while part-payments after notice and later stock-damage claims were treated as inconsistent with a genuine earlier dispute. Admission of the Section 9 application was therefore upheld.
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