2018 (4) TMI 1442

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....preferred by the appellant under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the "I&B Code") has been rejected on the three grounds, that is: i) The certificate given by the Bank is not proper; ii) The defects have not been removed within seven days; and iii) There is an 'existence of dispute'. 2. On 28th February, 2018 when the matter was taken up, this Appellate Tribunal observed as follows: "In view of the decision of Hon'ble Supreme Court in 'Macquarie Bank Limited' Vs 'Shilpi Cable Technologies Ltd.' in Civil Appeals No. 15135, 15481 and 15447 of 2017 on 15th December, 2017, it may be accepted that the certificate given by the bank is enough to find out that there is default or not. Sim....

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....on soon as well Thanks Meetul B. Patel, Microsoft General Manager SMSP India From : Vikram Dham Date : 08/08/2014 6:56 P.M. To Meetul Patel I wanted to write to you and apprise you on some of the measures we've seen on this issue since we last interacted. I have had the opportunity to meet with Manav Bhatia who came over to our offices in the last week of July and we spoke at length about the issue at hand. Manav understood our concerns and I am certain he will agree with our understanding that operational uncertainties like this need to be prevented in the future by way of every means possible. Issues like this lead to significant impairment of goodwill and trust between business partners like us and cause a lot of unwant....

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....t Saturday July 19, 2014 6:48 PM To Sunil Singh Solandk; Sushrut Parti Cc : Amit Kumar (INDIA CA) Meetul Patel Sudhir Nayar; Tyler Bryson Subject : AZURE EA Termination Escalation Sushi and Sushrut ..................................................................... We we advised by you that the EA is mandatory for us to take our ISV product/services to the market- we've now understood and realized that this is not the case and that EA is in no way a requirement for partners to take ISV product/services to the market. A huge breach of confidence happened here. This is clear case of mis-selling by you and the Microsoft Account Team. We were promised a lot of support from Microsoft during the sale of the EA including promises....

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....see attached) and we are utterly upset with the way things are promised and then broken once we have engaged with an agreement. Considering the strategic nature of Microsoft - Emkor engagement, and the fact that Emkor has been selected as the only partner in Asia to take this new Dynamics NAV BPO on Azure to market, and also exclusive partner of Dynamics NAV subscription in India, this episode does lead potentially a bad partner experience. ...................................................... Vikram Dham MD & CEO From Sharma, Vikram, [mail to: [email protected]] Sent : Friday, July 18, 2014 4:34 P.M. Subject : RE : PO for Azure EA Dear Mulesh, PFA the copy of the contract document similar to what you have sig....