Misdeclaration of quantity rejected where supplier evidence established counting errors, so reassessment, confiscation and redemption fine were set as...
Admissibility of electronic evidence controls valuation and penalty exposure; non compliant e records and statements nullify revaluation and penalties...
Pre-existing contractual disputes embedded in prior settlement instruments and allocation agreements required contractual interpretation and quantification of liabilities, therefore they constituted a bona fide pre-existing dispute under the insolvency code and barred admission of a Section 9 petition; the tribunal affirmed the adjudicating authority's refusal to commence CIRP and noted estoppel and absence of a spurious defence, allowing the operational creditor to pursue remedies before appropriate fora.
Pre-existing contractual disputes embedded in prior settlement instruments and allocation agreements required contractual interpretation and quantification of liabilities, therefore they constituted a bona fide pre-existing dispute under the insolvency code and barred admission of a Section 9 petition; the tribunal affirmed the adjudicating authority's refusal to commence CIRP and noted estoppel and absence of a spurious defence, allowing the operational creditor to pursue remedies before appropriate fora.
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