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Authority Failed to Consider Emails as Evidence of Pre-Existing Dispute Before CIRP; Section 8 Demand Notice Affected.

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Full Text of the Document

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....Initiation of CIRP - pre-existing dispute - the Adjudicating Authority has erred by not considering the various e-mails communication exchanged between the corporate debtor and operational creditor as evidence of a pre-existing dispute, but vide paragraph 11 of the Impugned Order has gone ahead to adjudicate the said dispute on merits even though the Adjudicating Authority was only required to see whether a dispute existing prior to the issue of section 8 Demand Notice. - CIRP closed - AT....