https://www.taxtmi.com/caselaws?id=449470 Contemporaneous emails and other communications showing delay in delivery, poor software quality, and non-completion of milestones established a real pre-existing dispute before the demand notice, so the section 9 application under the Insolvency and Bankruptcy Code could not be admitted. The tribunal also treated the respondent's prior indemnity notice and pre-institution mediation as corroborative of a dispute existing before initiation of insolvency proceedings. A further part of the debt was affected by the section 10A bar. The dismissal of the operational creditor's application was upheld because contemporaneous material is sufficient to bar admission even if the creditor disputes the existence of that dispute. en-us Wed, 10 Jan 2024 00:00:00 +0530 Mon, 12 Feb 2024 20:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449470 Contemporaneous emails and other communications showing delay in delivery, poor software quality, and non-completion of milestones established a real pre-existing dispute before the demand notice, so the section 9 application under the Insolvency and Bankruptcy Code could not be admitted. The tribunal also treated the respondent's prior indemnity notice and pre-institution mediation as corroborative of a dispute existing before initiation of insolvency proceedings. A further part of the debt was affected by the section 10A bar. The dismissal of the operational creditor's application was upheld because contemporaneous material is sufficient to bar admission even if the creditor disputes the existence of that dispute. Case-Laws Insolvency and Bankruptcy Wed, 10 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449470