2023 (12) TMI 1246

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....nsolvency & Bankruptcy<br>[ Justice 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 ....

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....d receipts of which also. The Adjudicating Authority 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 wh....

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....s i.e. polish diamonds worth of 1,15,806 USD. Which was handed over by us to 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 t....

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....or." "17. Heard both the Counsels and perused the records supply has not been denied. However, 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 whi....