TaxTMI 
TaxTMI 
2023 (12) TMI 1246
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....ce Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant : Mr. Manu Aggarwal, Mr. Shubham Budhiraja and Ms. Ishita Pandey, Advocates ORDER Heard learned counsel for the Appellant. This Appeal has been filed against the order dated 19.09.2023 by which Section 9 application filed by the Appellant has been dismissed on the gro....
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....ority has referred to the emails which was relied by the Corporate Debtor, in Para 14. In para 17, the Adjudicating Authority after hearing the parties came to the conclusion that there is existence of plausible dispute between the parties. Following has been observed in Para 14 and 17: "14. The respondent has attached email correspondence which is dated 03.05.2019 which is extracted hereunder: ....
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....o your client and thereafter nothing was remained to be paid. However, owner of Asian Diamonds BVBA namely Hasmukhbhai Sanghavi along with other two persons came to my office on 4.2.2019 and issued threat to keep ready more amount on the next day i.e. on 5.2.2019 Hasmukhbhai Sanghavi and other people came to my office and took away more polished diamonds worth of 35,000 USD by issuing threat and p....
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....owever, the defence of the Corporate Debtor cannot be ignored, due to the reason that the Corporate Debtor has produced 1 Jangad receipt and 2 emails which are dated 04.01.2019 and 03.05.2019 addressed to Operational Creditor, his emails were never replied by the Operational Creditor and there is no whisper for the same in the rejoinder filed by the Operational Creditor. In our view, there is exis....